United States v. Nolan McSwain

65 F.3d 177 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Nolan MCSWAIN, Defendant-Appellant. No. 93-50852. United States Court of Appeals, Ninth Circuit. Submitted Jan. 9, 1995. Decided July 18, 1995. 1 Before: CANBY and NOONAN, Circuit Judges, and KING, * District Judge. 2 AMENDED MEMORANDUM ** 3 Nolan McSwain appeals his convictions for possession of cocaine with the intent to distribute, in violation of 21 U.S.C. Sec. 841 (a)(1), and for conspiracy to distribute cocaine in violation of 21 U.S.C. Sec. 846 . We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. I. PROBABLE CAUSE 4 We review de novo the district court's decision to deny McSwain's motion to suppress. United States v. Clark, 31 F.3d 831, 834 (9th Cir.), petition for cert. filed (Dec. 5, 1994) (No. 93-30093). Contrary to McSwain's assertion, the context in which McSwain visited the Chino Hills residence shows that the magistrate had a substantial…