Lopez-Lerma
United States v. Lopez-Lerma
Opinion
Lead Opinion
MEMORANDUM **
Lorenzo Lopez-Lerma appeals the district court’s denial of his motion to suppress evidence. Lopez-Lerma entered a conditional guilty plea to possession of heroin with intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1) and 841(b)(1), reserving the right to appeal the denial of his motion to suppress. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
*237 Because the parties are familiar with the facts, we will not recite them except as necessary. Lopez-Lerma contends that the district court erred in its determination that his encounter with a police officer was not a seizure for the purposes of the Fourth Amendment, and that his consent to search his person and locked bedroom were voluntary.
Whether an encounter constitutes a seizure is a mixed question of law and fact, which we review de novo. United States v. Cormier, 220 F.3d 1103, 1110 (9th Cir.2000). We review the district court’s underlying factual findings for clear error. United States v. Hernandez, 27 F.3d 1403, 1406 (9th Cir.1994). We review for clear error the district court’s determination that consent to search was voluntarily. United States v. Murillo, 255 F.3d 1169, 1174,…