United States v. Felix Garcia-Godoy ( 2012 )


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  •                                                                            FILED
    NOT FOR PUBLICATION                             FEB 09 2012
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                       U .S. C O U R T OF APPE ALS
    FOR THE NINTH CIRCUIT
    UNITED STATES OF AMERICA,                        No. 11-50204
    Plaintiff - Appellee,              D.C. No. 2:10-cr-01110-SJO-1
    v.
    MEMORANDUM *
    FELIX GARCIA-GODOY,
    Defendant - Appellant.
    Appeal from the United States District Court
    for the Central District of California
    S. James Otero, District Judge, Presiding
    Submitted February 7, 2012 **
    Pasadena, California
    Before: KOZINSKI, Chief Judge, O’SCANNLAIN and N.R. SMITH, Circuit
    Judges.
    Felix Garcia-Godoy appeals the district court’s denial of his motion to
    suppress evidence found during an inventory search of his vehicle.
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by Ninth Circuit Rule 36-3.
    **
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    Contrary to Garcia-Godoy’s assertion, the inventory search in this case was
    not “for the sole purpose of investigation.” Colorado v. Bertine, 
    479 U.S. 367
    , 372
    (1987); United States v. Bowhay, 
    992 F.2d 229
    , 231 (9th Cir. 1993).
    Nor was the district court’s finding that the searching officers followed
    “standardized procedures” clearly erroneous. See United States v. Ruckes, 
    586 F.3d 713
    , 716 (9th Cir. 2009); see also United States v. Mancera-Londono, 
    912 F.2d 373
    , 375 (9th Cir. 1990). It is of no moment that the search was never
    completed. United States v. Scott, 
    665 F.2d 874
    , 876 (9th Cir. 1981).
    AFFIRMED.
    2
    

Document Info

Docket Number: 11-50204

Judges: Kozinski, O'Scannlain, Smith

Filed Date: 2/9/2012

Precedential Status: Non-Precedential

Modified Date: 11/5/2024