Acuna

MEMORANDUM *

Peter Acuna and Juan Angulo-Mendoza appeal their jury convictions for conspiracy to possess with intent to distribute marijuana and possession with intent to distribute marijuana. Acuna also appeals his sentence of 75 months in prison. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). We affirm.

The Defendants first argue that the district court erred in denying their motion to suppress on the basis that they did not have a reasonable expectation of privacy in the vehicle. As a preliminary matter, the Defendants are not estopped from challenging the seizure of their vehicle, as judicial estoppel does not apply to their claim. See Johnson v. Oregon, 141 F.3d 1361, 1369 (9th Cir.1998) (explaining that judicial estoppel should be applied only when the inconsistent position is “ ‘tantamount to a knowing misrepresentation to or even fraud on the court’” (quoting Ryan Operations G.P. v. Santiam-Midwest Lumber Co., 81 F.3d 355, 362-63 (3d Cir.1996))).

As for the merits of their claim, however, the Defendants abandoned the vehicle, so they do not have standing to challenge its search and seizure. See United States v. Nordling, 804 F.2d 1466, 1469 (9th…