USA V. JOHN GIBBONS, No. 12-10218 (9th Cir. 2013)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS JUN 19 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 12-10218 D.C. No. 2:11-cr-00113-JAT-1 v. MEMORANDUM* JOHN EDWARD GIBBONS, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona James A. Teilborg, District Judge, Presiding Submitted June 11, 2013** San Francisco, California Before: O SCANNLAIN and HURWITZ, Circuit Judges, and PIERSOL, Senior District Judge.*** * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Lawrence L. Piersol, Senior District Judge for the U.S. District Court for the District of South Dakota, sitting by designation. 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 ___, 2013 WL 2632188 (9th Cir. June 13, 2013) (unpublished disposition).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. 2

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