United States v. Jose Dejesus Garcia Lopez

77 F.3d 491 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose DeJesus Garcia LOPEZ, Defendant-Appellant. No. 95-30237. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1996. * Decided Feb. 12, 1996. Before: PREGERSON, CANBY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Jose DeJesus Garcia Lopez appeals his conviction after pleading guilty to possession with intent to distribute a controlled substance in violation of 21 U.S.C. § 841 (a)(1). Lopez contends that the district court erred by denying his suppression motion because: (1) Lopez's consent to the car search was not knowing, voluntary or intelligent and (2) even if there was proper consent, the search exceeded the scope of Lopez's consent. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm. Consent to Search 3 Lopez contends that he did not give a knowing, voluntary or intelligent consent to search the vehicle because: (1)…