Prieto

MEMORANDUM **

Jose Prieto was convicted of trafficking methamphetamine and cocaine and was sentenced to 188 months in prison. He appeals his conviction on three evidentiary grounds. First, he claims that the district court wrongly denied his motion to suppress a pouch of drugs discovered on his person when a security guard searched him at the Kona Family Court building on June 9, 2003. The district court denied Prieto’s motion to suppress because it concluded that Prieto lacked standing. However, this court has stated:

United, States v. Jackson, 544 F.2d 407, 409 (9th Cir.1976). Prieto never manifested an intent to abandon the property: he grabbed the pouch back from the security guard and only reluctantly relinquished it before entering the court building. The district court erred in holding that Prieto lacked standing.

However, the record supports the district court’s factual determination that Prieto consented to the search. Although Prieto’s lawyer and the security guard differed in their testimony as to whether Prieto requested to leave rather than be *459 searched, both agreed that Prieto ultimately gave the pouch to the security guard and proceeded into the court…