Sandobal

United States v. Sandobal

Good Law
1 F. App'x 735
United States Court of Appeals for the Ninth CircuitJanuary 17, 2001No. 99-10589California490 words

Opinion

Lead Opinion

MEMORANDUM

Zacharias Mejia Marina, aka Angel San-dobal-Marina (“Sandobal”), appeals his conviction after pleading guilty to possession with intent to distribute methamphetamine, interstate travel in aid of racketeering, and reentry of a deported alien. He *736 assigns error to the district court’s denial of his motion to suppress.

Sandobal contends that he did not give the trooper valid consent to search his vehicle. After an evidentiary hearing on Sandobal’s motion to suppress, the district court made the following factual findings:

Let me begin by saying really the only issue ... is the defendant’s familiarity with the English language so as to make the prong of knowing and intelligent fit the consent to search the vehicle.

... [I]t is uncontradicted that the defendant understood the trooper when he said that the defendant was going seventy-five miles an hour. He understood the trooper when the trooper asked whose car it was. He understood the troopers when they told him to go stand a while over there at the side of the road. He understood the trooper when he was asked where Mr. Rivera lived. He understood the trooper ..,, in other words, when he asked the second time, can…

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