Cook

United States v. Cook

Good Law
808 F.3d 1195·2015 WL 9461325
United States Court of Appeals for the Ninth CircuitAugust 13, 2015No. 13-10233California3,365 words

Opinion

Lead Opinion

Nguyen, J.

Opinion by

ORDER

The opinion filed on August 13, 2015 and published at 797 F.3d 713 is hereby withdrawn and replaced by the amended opinion filed concurrently with this order. With these amendments, Judges Clifton, Nguyen, and Rakoff have voted to deny the petition for panel rehearing, Judges Clifton and Nguyen have voted to deny the petition for rehearing en banc, and Judge Rakoff has so recommended. The full court has been advised of the petition for rehearing en banc, and no judge requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35. The petitions for panel rehearing and rehearing en banc are denied. No further petitions for panel rehearing or rehearing en banc will be entertained.

OPINION

NGUYEN, Circuit Judge:

Oshan Cook appeals his convictions for conspiracy to possess with intent to distribute MDMA (also known as ecstasy or Molly) and possession with intent to distribute MDMA and LSD. Cook mainly challenges the denial of his motions to suppress the evidence seized from his backpack, arguing that the search violated his Fourth Amendment rights. We con- *1197 elude, however, that the brief, cursory search of Cook’s backpack for weapons was valid…

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