Araiza-Sotomayor

MEMORANDUM **

Jose Alejandro Araiza-Sotomayor (“Araiza”) appeals his conviction for conspiracy to possess with intent to distribute and possession of marijuana for distribution. We affirm the convictions, and grant a limited remand under United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc).

The district court did not err in admitting evidence seized from the search of the stash house. Araiza testified at trial that he told police officers that he had been renting the house for about a week with his girlfriend, and gave permission for the officers to enter. Thus, even if the written consent form was ambiguous, Araiza clearly consented to the search. Furthermore, Araiza waived his suppression claim. A motion to suppress evidence must be made before trial; otherwise, it is waived (though the court may grant relief for good cause shown). Fed.R.Crim.P. 12(b)(3)(C), (e); United States v. Murillo, 288 F.3d 1126, 1135 (9th Cir.2002); United States v. Wright, 215 F.3d 1020, 1026 (9th Cir.2000). Araiza’s counsel explicitly stated at trial that he would not pursue a suppression motion. Given all indications that the search was voluntary, and that trial counsel was aware of…