Durley

MEMORANDUM **

Anthony L. Durley appeals his jury trial conviction and 70-month sentence for one count of possession of cocaine base with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

Durley contends that the district court erred by failing to suppress evidence seized from a warrantless search of a vehicle in which he was a passenger, because the driver’s consent to search was invalid. However, the government argues that Durley lacks standing to challenge the search. Reviewing de novo, see United States v. Twilley, 222 F.3d 1092, 1095 (9th Cir.2000), we agree with the government.

In order to have standing to challenge a search, the defendant must have a legitimate expectation of privacy in the place searched. See United States v. Silva, 247 F.3d 1051, 1055 (9th Cir.2001). Passengers who do not have possessory or ownership interest in a vehicle do not have a legitimate expectation of privacy in that vehicle. See United States v. Kovac, 795 F.2d 1509, 1510-11 (9th Cir.1986). Accordingly, as a mere passenger, Durley lacks standing to challenge the search of the vehicle in this…