Lewis
United States v. Lewis
Opinion
Lead Opinion
MEMORANDUM ***
Defendant-Appellant Andre Anthony Lewis appeals both his conviction pursuant to a conditional plea of guilty and his sentence for possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1) and (b)(1)(C). We affirm.
Lewis first claims that the district court improperly denied his motion to suppress. An affidavit in support of a search warrant demonstrates probable cause if, under the totality of the circumstances, it reveals a fair probability that contraband or evidence of a crime will be found in a particular place. United States v. Celestine, 324 F.3d 1095, 1102 (9th Cir.2003) (citing Illinois v. Gates, 462 U.S. 213, 238 , 103 S.Ct. 2317, 2332 , 76 L.Ed.2d 527 (1983)). This court must uphold the warrant if, “under the totality of the circumstances, the [judge] had a substantial basis for concluding that probable cause existed.” Celes-tine, 324 F.3d at 1102 (quoting United States v. Schmidt, 947 F.2d 362, 371 (9th Cir.1991)). The district court in this case had a sufficient basis to believe that there was a fair probability that evidence or contraband would be found in the impounded vehicle.