Valencia-Causor

MEMORANDUM **

Alfredo Valeneia-Causor (“Valeneia-Causor”) pled guilty to one count of Possession with Intent to Distribute a Controlled Substance, in violation of 21 U.S.C. § 841 (a)(1) and was sentenced to 87 months of imprisonment. He appeals the district court’s denial of his motion to suppress methamphetamine found in the vehicle he was driving, arguing that he did not voluntarily consent to a search. Valeneia-Causor also appeals the district court’s decision not to depart downward under the United States Sentencing Guidelines (“Sentencing Guidelines” or “U.S.S.G.”) on the ground that he was a minor or minimal participant in the conspiracy to distribute methamphetamine. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

I.

Whether consent to search was voluntarily given “is a question of fact that is determined by considering the totality of the circumstances.” United States v. Childs, 944 F.2d 491, 495 (9th Cir.1991). We consider the following factors in determining the voluntariness of a consent to search:

United States v. Perez-Lopez, 348 F.3d 839, 846 (9th Cir.2003) (quoting United States v. Cormier, 220 F.3d 1103, 1112 (9th Cir.2000)). In a case…