United States v. Ories Andre Ellies

57 F.3d 1078 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Ories Andre ELLIES, Defendant-Appellant. No. 93-50824. United States Court of Appeals, Ninth Circuit. Submitted May 5, 1995. * Decided June 9, 1995. Before: PREGERSON, POOLE, and D.W. NELSON, Circuit Judges. 1 MEMORANDUM ** OVERVIEW 2 Appellant Ories Andre Ellies appeals his conviction for possession with intent to distribute cocaine in violation of 21 U.S.C. Sec. 841 (a)(1). Appellant claims on appeal that the district court erred in denying his motion to suppress evidence and in refusing to instruct the jury on the lesser included offense. We have jurisdiction under 28 U.S.C. Sec. 1291 . We affirm. I. MOTIONS TO SUPPRESS EVIDENCE 3 Motions to suppress evidence are generally reviewed de novo. United States v. Becker, 23 F.3d 1537, 1539 (9th Cir.1994). The trial court's factual findings are reviewed for clear error. Id. at 1539 . A. PROBABLE CAUSE FOR ARREST 4…