Cosom

MEMORANDUM **

Ronnie Cosom appeals his conviction for possession with intent to distribute cocaine in violation of 21 U.S.C. § 841 (a)(1). Cosom entered a guilty plea conditioned on his right to appeal the district court’s denial of his motion to suppress the evidence of cocaine found in his suitcase. He contends that the search exceeded his consent.

Cosom checked a large suitcase at the American Trans Air ticket counter at the Los Angeles International Airport for a flight to Philadelphia. After Cosom had gone about 100 feet, Drug Enforcement Agent King asked for Cosom’s consent to search his suitcase and Cosom agreed. King had the suitcase removed from the conveyer belt, and deputies Halpin and Smith initially did not find any drugs inside the bag. They so advised King who told Cosom he was free to leave. After Cosom departed, Halpin searched further and found cocaine in the linings of two leather bags that were inside the suitcase. Cosom was pursued and arrested at his departure gate.

Cosom contends that the search to which he consented was completed when he was told that he was free to leave, and, therefore, the further search was unlawful. The district court found that…