United States v. Paul Louis Gaston

62 F.3d 1426 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Paul Louis GASTON, Defendant-Appellant. No. 94-30261. United States Court of Appeals, Ninth Circuit. Submitted Aug. 2, 1995. * Decided Aug. 7, 1995. Before: ALARCON, FERNANDEZ, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Paul Louis Gaston appeals his conviction, following entry of a conditional guilty plea, to manufacturing marijuana in violation of 21 U.S.C. Sec. 841 (a)(1). Gaston contends the district court erred by denying his motion to suppress evidence found in his residence because his consent to the search was involuntary. We have jurisdiction under 28 U.S.C. Sec. 1291 . We affirm. 3 We review for clear error the district court's factual finding that a defendant voluntarily consented to a search. United States v. Cannon, 29 F.3d 472, 477 (9th Cir. 1994). 4 In determining whether consent was voluntary, the totality of the circumstances must be taken into…