United States of America v. John Edward Gibbons

* 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.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOHN EDWARD GIBBONS,
Defendant - Appellant.
No. 12-10218
D.C. No. 2:11-cr-00113-JAT-1
MEMORANDUM*
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. ***
FILED
JUN 19 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2
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2013 WL 2632188 (9th Cir. June 13, 2013) (unpublished disposition).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.

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