Rodriguez

MEMORANDUM *

Jimmy Rodriguez, Jr., who entered into a conditional plea agreement in which he pled guilty to Possession with Intent to Distribute Marijuana in excess of 100 kilograms, appeals the District Court’s denial of his motion to suppress and his sentence. We conclude that the motion to suppress was properly denied and that he is not eligible for safety valve relief pursuant to 18 U.S.C. § 3553(f).

Rodriguez’s motion to suppress was properly denied because even assuming there had been an arrest, the agents had probable cause. “Probable cause exists when, under the totality of the circumstances known to the arresting officers, a prudent person would have concluded that there was a fair probability that [the defendant] had committed a crime.” United States v. Buckner, 179 F.3d 834, 837 (1999) (quoting United States v. Garza, 980 F.2d 546, 550 (9th Cir.1992)) (alteration in original) (citation and quotation marks omitted). Several factors contributed to the agents concluding that there was a fair probability that Rodriguez was committing an offense: (1) the mismatched license plate; (2) the appearance of a false bed in the truck; (3) the observation that the truck had been…