United States v. Rabit Noel Rivera

891 F.2d 296 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Rabit Noel RIVERA, Defendant-Appellant. No. 89-30034. United States Court of Appeals, Ninth Circuit. Submitted Oct. 23, 1989. * Decided Dec. 6, 1989. Before ALARCON, O'SCANNLAIN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Rabit Noel Rivera appeals his conviction following a jury trial for possession of a controlled substance with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). Rivera contends that the district court erred in denying his motion to suppress evidence discovered after a Terry investigative stop because the arresting officer did not have a reasonable articulable suspicion that Rivera was a drug courier. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 The district court's ruling on the legality of an investigative stop is a mixed question of law and fact that we review de novo. United States v. Ayarza, 874 F.2d 647,…