Brooks

MEMORANDUM **

James Lewis Brooks (“Brooks”) appeals the district court’s order denying his motion to suppress, following his conditional guilty plea to two counts of possessing stolen mail in violation of 18 U.S.C. § 1708 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review Brooks’ motion to suppress de novo, and we review the trial court’s factual findings for clear error. United States v. Jones, 286 F.3d 1146, 1150 (9th Cir.2002).

Brooks contends that the search of his personal belongings in the apartment belonging to another person violated his Fourth Amendment rights. To challenge the government’s use of this evidence, Brooks must demonstrate that he personally had an expectation of privacy in the invaded place. Minnesota v. Carter, 525 U.S. 83, 88 , 119 S.Ct. 469 , 142 L.Ed.2d 373 (1998). After conducting an evidentiary hearing, the district court concluded that Brooks did not have a reasonable expectation of privacy because he was in another person’s apartment without that person’s consent. After reviewing the evidence, we conclude that the district court’s factual findings were not clearly erroneous. Accordingly, Brooks had no reasonable…