NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT FEB 03 2010
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, No. 08-50256
Plaintiff-Appellee, D.C. No. 8:06-CR-00143-DOC-2
v.
MEMORANDUM *
CLIFFORD MICHAEL OLIVER,
Defendant-Appellant.
On Appeal from the United States District Court
for the Central District of California
David O. Carter, District Judge, Presiding
Submitted February 1, 2010**
Pasadena, California
Before: KLEINFELD, WARDLAW, and CALLAHAN, Circuit Judges.
Oliver pleaded guilty to possessing more than 30 kilograms of phencyclidine
(PCP) with intent to distribute. On appeal, he challenges the denial of his motion
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously finds this case suitable for decision without
oral argument. See. Fed. R. App. P. 34(a) (2).
to suppress evidence taken from his storage locker located inside the shared
parking garage of his apartment complex. Oliver’s argument, that the police broke
into the garage, lied to the magistrate judge about how they got into the garage, and
obtained a warrant to search Oliver’s storage locker and apartment, fails for two
alternative independent reasons. First, Oliver has no standing to challenge police
entry into the shared parking garage, even if the police were trespassing. United
States v. Nohara, 3 F.3d 1239, 1242 (9th Cir. 1993). Second, the district court held
an evidentiary hearing, found the police detectives credible, and made further
findings of fact that the police did not break into the garage and made no
misrepresentations in the affidavits submitted in support of the applications for a
search warrant. These findings are not clearly erroneous. See United States v.
Martinez-Garcia, 397 F.3d 1205, 1215 n.5 (9th Cir. 2005).
AFFIRMED.
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