Ayala-Mercado

MEMORANDUM *

Ayala-Mercado and Torres-Espinosa appeal from their judgment of conviction, subsequent to their conditional entry of guilty pleas, for possession with intent to distribute or dispense cocaine in violation of 21 U.S.C. § 841 (a)(1) and (b)(l)(B)(ii)(II). Pursuant to their conditional pleas, they argue that the district court improperly failed to suppress evidence seized from the vehicle they were found in. The district court had jurisdiction pursuant to 18 U.S.C. § 3231 and we have jurisdiction over this timely filed appeal under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). We affirm.

The district court correctly held that the vehicle was properly stopped for speeding. From observations and odors easily detected from outside the vehicle, the district court properly held the officers were justified in investigating beyond the traffic violation.

The driver, Ayala-Mercado, signed two consent forms to allow the vehicle to be searched. One consent was in Spanish and one in English. The district court found Ayala-Mercado understood the Spanish form. That finding is not clearly erroneous. The form advised Ayala-Mercado that he could withhold his consent. The district court…