Kubbo

United States v. Kubbo

Good Law
17 F. App'x 543
United States Court of Appeals for the Ninth CircuitAugust 3, 2001No. 00-30364; DC No. CR 00-05323 FDBCalifornia715 words

Opinion

Lead Opinion

MEMORANDUM **

Alex Kubbo (“Kubbo”) entered a conditional guilty plea to possession of a controlled substance (methamphetamine), in violation of 21 U.S.C. § 844 , before a magistrate judge. He appeals from the district court’s order affirming the magistrate judge’s denial of his motion to suppress evidence. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

A motion to suppress will generally be reviewed de novo. United States v. Wright, 215 F.3d 1020, 1025 (9th Cir.2000). A trial court’s findings as to whether the scope of consent to a search has been exceeded will be upheld unless they are clearly erroneous. United States v. Perez, 37 F.3d 510, 515 (9th Cir.1994). Review of whether specific facts give rise to an inference of implied consent (and presumably to withdrawal thereof as well) is de novo. United States v. Albrektsen, 151 F.3d 951, 953 (9th Cir.1998).

The parties are familiar with the facts; thus, we need not recite them here. Kubbo contends that evidence uncovered during the search of his car should have been suppressed because his actions during the search constituted a limitation of his initial general consent. Specifically, he suggests that by…

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