United States v. Edelmiro Augustin Fernandez

SEYMOUR, Circuit Judge.

Defendant Edemiro A. Fernandez was indicted by a federal grand jury for possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1) (1988). Fernandez filed a motion to suppress evidence. After an evidentiary hearing, the magistrate judge recommended denying Fernandez’s motion to suppress. The district court adopted the magistrate’s Report and Recommendation in its entirety. Fernandez entered a conditional guilty plea reserving his right to appeal the denial of his motion to suppress on Fourth Amendment grounds. After reviewing the record, we…