Opinion
No. 12-10218 D.C. No. 2:11-cr-00113-JAT-1
06-19-2013
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOHN EDWARD GIBBONS, Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the District of Arizona
James A. Teilborg, District Judge, Presiding
Submitted June 11, 2013
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
San Francisco, California
Before: O'SCANNLAIN and HURWITZ, Circuit Judges, and PIERSOL, Senior District Judge.
The Honorable Lawrence L. Piersol, Senior District Judge for the U.S. District Court for the District of South Dakota, sitting by designation.
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John Edward Gibbons appeals his convictions following a bench trial of conspiracy to possess with intent to distribute five kilograms or more of cocaine, in violation of 21 U.S.C. § 846, and possession with intent to distribute five kilograms or more of cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A)(ii). We have jurisdiction under 28 U.S.C. § 1291 and affirm.
The sole issue on appeal is whether the district court erred by denying Gibbons' motion to suppress. This same issue was raised by Gibbons' co-defendant, Lisa Sayamontry. See United States v. Sayamontry, No. 12-10153, ___ Fed. Appx. ___, 2013 WL 2632188 (9th Cir. June 13, 2013) (unpublished disposition). For the reasons stated in Sayamontry, we hold that the district court correctly denied the motion to suppress.
AFFIRMED.