United States v. Jose Luis De Leon

942 F.2d 794 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose Luis De LEON, Defendant-Appellant. No. 90-50015. United States Court of Appeals, Ninth Circuit. Aug. 15, 1991. Before PREGERSON, REINHARDT and CYNTHIA HOLCOMB HALL, Circuit Judges. ORDER 1 On April 23, 1991, five days after the memorandum disposition in this case was filed, the Supreme Court issued its decision in California v. Hodari D., 111 S.Ct. 1547 (1991). The Government in its petition for rehearing argues that Hodari D. requires us to reconsider our earlier disposition. The Government contends that the totality of the circumstances, including De Leon's flight, support a finding of reasonable suspicion to support a seizure of De Leon. 1 We grant the Government's petition for rehearing, vacate the memorandum disposition filed April 18, 1991, and affirm. 2 In Hodari D., the Supreme Court held that when a suspect does not yield to a "show of authority," no…