Colon-Valdez
United States v. Colon-Valdez
Opinion
Lead Opinion
MEMORANDUM **
Jose Colon-Valdez (the “defendant”) entered a conditional guilty plea to possession with intent to distribute 50 or more grams of methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(l)(A)(viii), and illegal reentry after deportation in violation of 8 U.S.C. §§ 1326 (a) and (b)(2). He now appeals the denial of his motions to suppress evidence. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
The search of the Explorer was within the scope of the warrant. “Although search warrants ideally state their full scope with particularity, a search warrant authorizing a search of a particularly described premises may permit the search of vehicles owned or controlled by the owner of, and found on, the premises.” United States v. Duque, 62 F.3d 1146, 1151 (9th Cir.1995) (citation and quotation marks omitted).
Here, the warrant authorized the search of the house and any vehicle under the control of Hilda Aguilar. Aguilar, along with the defendant, had been described as having sold methamphetamine in the affidavit supporting the warrant. The title to the Explorer was in Aguilar’s purse and the keys were found in the house. Additionally, the Explorer…