United States of America v. Candelario Alberto Garcia

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CANDELARIO ALBERTO GARCIA,
Defendant - Appellant.
No. 15-30089
D.C. No. CR-14-51-BLG-SPW
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Susan P. Watters, District Judge
Argued and Submitted May 5, 2016
Portland, Oregon
Before: TALLMAN and HURWITZ, Circuit Judges and BATTAGLIA,** District
Judge.
Candelario Alberto Garcia entered a conditional guilty plea to one count of
possession with intent to distribute methamphetamine in violation of 21 U.S.C. §
* This disposition is not appropriate for publication and is not precedent except
as provided by Ninth Circuit Rule 36-3.
** The Honorable Anthony J. Battaglia, District Judge for the U.S. District Court
for the Southern District of California, sitting by designation.
FILED
MAY 23 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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841(a)(1). He appeals the district court’s denial of his motion to suppress evidence
derived from a “knock and talk” encounter with police officers. We have jurisdiction
under 28 U.S.C. § 1291, and we affirm.
Garcia’s position that he was seized from the moment he encountered the
officers at his door is unavailing. The encounter in this case is virtually identical to
the encounter in United States v. Crapser, which this Court found to be voluntary
and consensual. 472 F.3d 1141, 1146 (9th Cir. 2007). The district court therefore
correctly denied Garcia’s motion.
AFFIRMED.

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