Ayon-Perez

United States v. Ayon-Perez

Good Law
150 F. App'x 711
United States Court of Appeals for the Ninth CircuitOctober 18, 2005No. 04-50420California345 words

Opinion

Lead Opinion

MEMORANDUM **

Alberto Ayon-Perez appeals his jury-trial conviction and 121-month sentence for importation of cocaine and possession with the intent to distribute cocaine, in violation of 21 U.S.C. §§ 952 , 960, and 841(a)(1). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s ruling on a motion for suppression of evidence. See United States v. Sandoval, 390 F.3d 1077, 1080 (9th Cir. 2004) . Factual determinations underlying the district court’s ruling are reviewed for clear error. See id. We affirm the conviction and remand the sentence.

Ayon-Perez contends that the district court erred in denying his motion to suppress evidence obtained by means of drilling a hole through the back of his vehicle glove compartment during a search at an international border. We are not persuaded. The district court did not err in denying Ayon-Perez’s motion to suppress the evidence. See United States v. Chaudhry, 424 F.3d 1051, 1054 (9th Cir. 2005) (holding that search did not require reasonable suspicion where a single 5/16— inch hole was drilled in the bed of a pickup truck because it is not “so destructive as to require a different result”); United States v.…

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