Unpublished Disposition, 925 F.2d 1472 (9th Cir. 1989)

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US Court of Appeals for the Ninth Circuit - 925 F.2d 1472 (9th Cir. 1989)

UNITED STATES of America, Plaintiff-Appellee,v.Ruben RODRIGUEZ and Ana Cruz, Defendants-Appellants.

Nos. 89-50261, 89-50263.

United States Court of Appeals, Ninth Circuit.

Submitted Feb. 5, 1991.* Decided Feb. 7, 1991.

Before BEEZER, KOZINSKI and RYMER, Circuit Judges.


Appellants challenge the district court's findings that Cruz consented to the warrantless search of her residence and then voluntarily signed the written consent form. Appellants rely principally on their own testimony. However, the district court weighed conflicting evidence and decided to believe the officers rather than defendants. Findings of Fact and Conclusions of Law Re: Motions to Suppress Evidence, 10-11, 13-14, 22 (Feb. 13, 1989), Rodriguez's E.R. 105, 114-15, 117-18, 126. It is quintessentially within the prerogative of the district court to chose among conflicting witnesses. We are "not at liberty to disturb the credibility determinations made by the ... district court." United States v. Kerr, 876 F.2d 1440, 1444 (9th Cir. 1989). Since the appellants have failed to show that the search was illegal, there is no basis for suppressing Mr. Rodriguez's subsequent statements.



The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3