Vasquez-Ortega
United States v. Vasquez-Ortega
Opinion
Lead Opinion
MEMORANDUM **
Israel Vasquez-Ortega appeals his conviction following a guilty plea for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(l)(A)(viii). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm.
Vasquez-Ortega challenges the district court’s denial of his motion to suppress evidence seized during a warrantless search of a room he rented in the trailer of April Barajas. The district court denied the motion to suppress finding that Bara-jas freely consented to the search of Vasquez-Ortega’s room. Vasquez-Ortega contends that the district court erred because Barajas lacked authority to consent to a search of his room. We review de novo, United States v. Kim, 105 F.3d 1579, 1581-82 (9th Cir.1997), and find Vasquez-Ortega’s contention unpersuasive.
Because Vasquez-Ortega explicitly and repeatedly told officers that he did not live, stay or have a room in the trailer, it was not objectively unreasonable for officers to believe that Barajas had apparent authority to consent to the search Vasquez-Ortega’s room. See United States v. Reid, 226 *979 F.3d 1020, 1025 (9th Cir.2000). Accordingly, the district court did…