United States v. Rivera ( 2000 )

USCA1 Opinion

       [NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]

                 United States Court of Appeals

                     For the First Circuit











No. 99-1067



                          UNITED STATES,



                            Appellee,



                                v.



                         LUIS A. RIVERA,



                      Defendant, Appellant.







           APPEAL FROM THE UNITED STATES DISTRICT COURT



                 FOR THE DISTRICT OF RHODE ISLAND



           [Hon. Ernest C. Torres, U.S. District Judge]







                              Before



                      Selya, Circuit Judge,

                Campbell, Senior Circuit Judge,

                   and Lipez, Circuit Judge.











     Allan M. Tow on brief for appellant.

     Margaret E. Curran, United States Attorney, Donald C. Lockhart

and Gerard B. Sullivan, Assistant United States Attorneys, on brief

for appellees.











February 2, 2000











            Per Curiam.   After a thorough review of the record

  and of the parties' submissions, we affirm.  We find no error

  in the lower court's conclusion that police did not exceed the

  scope of the search warrant by looking through a bag found in

  appellant's car or in the glove compartment.  "A warrant to

  search a vehicle . . . support[s] a search of every part of the

  vehicle that might contain the object of the search."  United

  States v. Ross, 456 U.S. 798, 821 (1982).  Once an officer

  conducting a search in a lawful manner discovers evidence in

  plain view providing probable cause of a crime, that evidence

  may be seized.  United States v. Robles, 45 F.3d 1, 6 (1st Cir.

  1995).  This court lacks jurisdiction to consider appellant's

  challenge to his sentence.  United States v. Rosario-Peralta,

  – F.3d –, 1999 WL 1215238 (1st Cir. 1999).

            Affirmed.  1st Cir. Loc. R. 27(c).