United States v. Eric Espinoza

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 4 2024

MOLLY C. DWYER, CLERK

FOR THE NINTH CIRCUIT U.S. COURT OF APPEALS

UNITED STATES OF AMERICA, No. 22-30154

Plaintiff-Appellee, D.C. No. 1:21-cr-00043-SPW-

v.

MEMORANDUM*

ERIC ANTONIO ESPINOZA,

Defendant-Appellant.

Appeal from the United States District Court for the District of Montana Susan P. Watters, District Judge, Presiding Argued and Submitted September 15, 2023 Seattle, Washington

Before: W. FLETCHER, R. NELSON, and COLLINS, Circuit Judges.

Following the district court’s denial of his motion to suppress, Defendant-

Appellant Eric Antonio Espinoza entered a conditional plea of guilty to a single

count of possession of methamphetamine with intent to distribute, reserving his

right to appeal that adverse order. See FED. R. CRIM. P. 11(a)(2). On appeal,

Espinoza contends that there was insufficient probable cause to support the state

court search warrant of the residence at which he was staying. We review a district

court’s denial of a suppression motion de novo, and its underlying factual…