Denial of Motion to Suppress Affirmed

U.S. v. Valdez-Perea, 2015 WL 399970 (1/30/15) (N.M.) (unpub'd) - Affirmance of suppression denial in a case involving DEA Agent Jay Perry at a Greyhound bus station. Oddly the tape did not pick up Ms. Valdez-Perea's consent. Rather, she evidenced her consent by nodding her head and standing up and lifting her arms 90 degrees. Agent Perrry's conduct was just like the officers in U.S. v. Drayton, 536 U.S. 194 (2002), where the Court held the officers had not seized the bus passengers they encountered. Drayton settles the voluntariness-of-consent question as well as the seizure question, the 10th holds. The district court could rely on Ms. Valdez-Perea's knowledge of the drug enterprise to deny a minor role adjustment.