Garcia-Sandoval

United States v. Garcia-Sandoval

Good Law
360 F. App'x 790
United States Court of Appeals for the Ninth CircuitDecember 23, 2009No. 08-50408California502 words

Opinion

Lead Opinion

ORDER WITHDRAWING MEMORANDUM DISPOSITION AND DENYING PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

The memorandum disposition filed September 25, 2009 is withdrawn. A superseding memorandum disposition is being filed concurrently with this order.

The panel has voted to deny the petition for rehearing. Judges Fisher and Gould voted to deny the suggestion for rehearing en banc and Judge England so recommends.

The full court has been advised of the suggestion for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

Appellant’s petition for rehearing and suggestion for rehearing en bane, filed November 20, 2009, is DENIED. No further petitions for rehearing will be permitted.

MEMORANDUM **

Juan Garcia-Sandoval appeals the district court’s judgment entered on a conditional guilty plea given after denial of a motion to suppress. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review a district court’s denial of a motion to suppress de novo and the district court’s underlying factual findings for clear error. United States v. Delgado, 545 F.3d 1195, 1200 (9th Cir.2008).

The district court…

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