United States v. Luis Saiz

MEMORANDUM

Defendant Luis Carlos Saiz appeals his convictions, after a jury trial, for conspiracy to possess with intent to distribute less than 50 kilograms of marijuana, in violation of 21 U.S.C. § 846 , and possession with intent to distribute less than 50 kilograms of marijuana, in violation of 21 U.S.C. § 841 (a)(1) and (b)(1)(D). He also appeals the district court’s revocation of his supervised release resulting from his drug convictions. We affirm.

1. Defendant argues that his motion to suppress evidence should have been, granted because the border patrol officers did not have reasonable suspicion to initiate the traffic stop. Reviewing de novo, United States v. Berber-Tinoco, 510 F.3d 1083, 1087 (9th Cir. 2007), we hold that reasonable suspicion justified the traffic stop. To determine whether reasonable suspicion exists, we “must look at the ‘totality of the circumstances’ of each case to see whether the detaining officer has a ‘particularized and objective basis’ for suspecting legal wrongdoing.” United States v. Arvizu, 534 U.S. 266, 273 , 122 S.Ct. 744 , 151 L.Ed.2d 740 (2002).

The district court found the border patrol officers credible. The officers testified…