United States v. Kenneth Michal Chico, Sr. Javier Mosqueira-Talamente

977 F.2d 592 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. Kenneth Michal CHICO, Sr.; Javier Mosqueira-Talamente, Defendants-Appellees. No. 92-10061. United States Court of Appeals, Ninth Circuit. Submitted Sept. 18, 1992. * Decided Oct. 15, 1992. Before ALARCON, BOOCHEVER and CYNTHIA HOLCOMB HALL, Circuit Judges. 1 MEMORANDUM ** 2 The United States ("the Government") appeals from the grant of Kenneth Michael Chico, Sr. and Javier Mosqueira-Talamante's motion to suppress the marijuana discovered in their automobile following a stop by a border patrol agent. The Government contends that the motion to suppress should have been denied because the facts articulated by the border patrol agent were sufficient to provide founded suspicion that the appellees were involved in criminal activity. We affirm the grant of the motion to suppress the marijuana because we conclude that the totality of the circumstances describe a large…