Aguilar-Escobedo

MEMORANDUM **

Appellant Roberto Aguilar-Eseobedo was convicted of three charges related to the distribution and possession of cocaine. He challenges that conviction on appeal, arguing that (1) the warrantless search of his truck was improper, (2) testimony about his “counter surveillance” activities should not have been admitted at trial, (3) introduction of “other acts” evidence violated Rule 404(b), (4) the government failed to produce certain documents as required by the Jencks Act and Brady, (5) he was subject to sentencing entrapment, and (6) the district court erred in imposing a sentence one month longer than the mandatory minimum. We affirm.

First, the DEA agents had probable cause to search the truck, and the automobile exception requires nothing more. California v. Acevedo, 500 U.S. 565, 579 , 111 S.Ct. 1982 , 114 L.Ed.2d 619 (1991) (“[Pjolice may search [an automobile] without a warrant if their search is supported by probable cause.”). Probable cause stemmed from the facts that Aguilar-Escobedo had recently used that same truck to facilitate drug deals; he owned the truck; he had been arrested earlier that day with 5 kg of cocaine in his possession in a van he was…