United States v. Francisco Robledo, Jr.

MEMORANDUM

Francisco Robledo, Jr. was convicted of unlawful possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1), pursuant to a conditional guilty plea. On appeal, Robledo challenges the district court’s denial of his motion to suppress statements and evi dence obtained by police officers prior to his being put inside a patrol car on the grounds that the officers’ conduct converted a Terry investigative stop into an illegal arrest without probable cause. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

We review de novo motions to suppress brought on Fourth Amendment grounds, United States v. Rodgers, 656 F.3d 1023, 1026 (9th Cir.2011), and we review for clear error a trial court’s findings of fact, United States v. Ruiz, 428 F.3d 877, 880 (9th Cir.2005). We review de novo whether a seizure exceeds the bounds of an investigatory stop and ripens into an arrest. United States v. Miles, 247 F.3d 1009, 1012 (9th Cir.2001). Whether probable cause exists to effect an arrest is a mixed question of law and fact that we review de novo. See United States v. Ortiz-Hernandez, 427 F.3d 567, 575 (9th Cir.2005).

We have repeatedly held that we “may affirm a district…