Garcia-Alvarez

MEMORANDUM *

Daniel Garcia-Alvarez appeals the denial of his motion to suppress evidence and his conviction after entering a conditional guilty plea to three counts of possession of heroin, methamphetamine, and cocaine with the intent to distribute, in violation of 21 U.S.C. § 841 (a)(1).

We review a district court’s denial of a motion to suppress evidence de novo and its factual findings for clear error. See United States v. Murillo, 255 F.3d 1169, 1174 (9th Cir.2001). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Garcia-Alvarez contends that: 1) the district court erred in denying his motion to suppress evidence because he did not voluntarily consent to a search of his residence for narcotics; 2) even if the consent to search was proper, it exceeded the scope of his consent; and 3) the district court erred in refusing to suppress statements he made during the search and, later, at the county jail. We reject his contentions as follows:

(1) Under the totality of the circumstances, and when we apply the five Castillo factors, Garcia-Alvarez’s consent was voluntarily given. See United States v. Castillo, 866 F.2d 1071, 1082 (9th Cir. 1988). Garcia-Alvarez remained…