United States v. Benn C. Bostic

83 F.3d 429 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Benn C. BOSTIC, Defendant-Appellant. No. 95-50052. United States Court of Appeals, Ninth Circuit. Submitted April 10, 1996. * Decided April 12, 1996. Before: HALL, THOMPSON, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Benn C. Bostic appeals his conviction following a conditional guilty plea for possession with intent to distribute cocaine base in violation of 21 U.S.C. § 841 (a)(1). Bostic contends that the district court erred by concluding that he voluntarily consented to a search of his house. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. 3 The determination that a consent to a search was voluntary is a question of fact which we review for clear error. United States v. Castillo, 866 F.2d 1071, 1082 (9th Cir.1988). We view the evidence regarding consent in the light most favorable to the fact-finder's decision. Id. 4 Whether a…