Villegas

MEMORANDUM *

Byron Villegas, a.k.a. Juan Carlos Gonzalez, appeals the district court’s denial of his motion to suppress his “identity evidence.” 1 We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 and affirm the denial of Villegas’s motion to suppress.

We review the district court’s denial of a motion to suppress evidence de novo, but review its underlying factual findings for clear error. See United States v. Summers, 268 F.3d 683, 686 (9th Cir.2001). We review the district court’s determination of probable cause de novo. See United States v. Nava, 363 F.3d 942, 944 (9th Cir.2004).

Villegas contends that the district court improperly denied his motion to suppress his “identity evidence” obtained as a result of his arrest because the government did not have probable cause to arrest him. The district court found that there was probable cause to arrest Villegas based on Special Agent Frank Aimaro’s sealed in camera declaration, his testimony at an in camera hearing in which he described the confidential source’s reliability and detailed information the source had provided. The district court summarized and commented upon the in camera declaration and hearing in an…