Ramos-Soto

United States v. Ramos-Soto

Good Law
304 F. App'x 578
United States Court of Appeals for the Ninth CircuitDecember 22, 2008No. 07-10479California496 words

Opinion

lead Opinion

MEMORANDUM **

Jesus Javier Ramos-Soto appeals his conviction of possession with intent to distribute marijuana. Ramos-Soto challenges the district court’s denial of his two motions to suppress and his motion to *579 dismiss. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 1

Ramos-Soto claims that the district court erred in holding that he lacked standing to challenge the search of the vehicle in which he was smuggling narcotics. 2 The district court relied on Ramos-Soto’s flight from the vehicle to determine that he had abandoned it. While flight alone would not be a sufficient basis for concluding Ramos-Soto lacked standing, he abandoned a vehicle which he neither owned nor leased and which he had been in only once; therefore, the district court’s determination that he was not entitled to challenge the search was not error. See Rakas, 439 U.S. at 148, 99 S.Ct. 421 (holding that defendants had no legitimate expectation of privacy in a vehicle in which they “asserted neither a property nor a possessory interest”); United States v. Nordling, 804 F.2d 1466, 1469 (9th Cir. 1986) (“[PJersons who voluntarily abandon property lack standing to complain of its search or…

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