United States v. Nile James Smith

76 F.3d 390 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Nile James SMITH, Defendant-Appellant. No. 94-10590. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 8, 1995. Decided Feb. 9, 1996. Before: HUG, THOMPSON, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 We are called on to decide whether the district court erred in Smith's criminal trial by (1) denying his motion to suppress evidence, (2) ruling that the evidence was sufficient to support his convictions, or (3) enhancing his sentence under U.S.S.G. § 2K2.1(b)(5). We affirm in part and remand in part. 1 3 * Smith first argues that the district court erred in denying his motion to suppress evidence of the seizure of the shotgun from the trunk of his car. 2 He argues that (1) the search of the vehicle exceeded the scope of the search warrant, (2) his wife did not voluntarily and knowingly consent to a search of the vehicle, and (3)…