United States v. Candelario Garcia

U.S. Court of Appeals for the Ninth Circuit
United States v. Candelario Garcia, 650 F. App'x 472 (9th Cir. 2016)

United States v. Candelario Garcia

Opinion

MEMORANDUM **

Candelario Alberto Garcia entered a conditional guilty plea to one count of possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841(a)(1). He appeals the district court’s denial of his motion to suppress evidence derived from a “knock and talk” encounter with police officers. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Garcia’s position that he was seized from the moment he encountered the officers at his door is unavailing. The encounter in this case is virtually identical to the encounter in United States v. Crapser, which this Court found to be voluntary and consensual. 472 F.3d 1141, 1146 (9th Cir. 2007). The district court therefore correctly denied Garcia’s motion.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Candelario Alberto GARCIA, Defendant-Appellant
Status
Unpublished