United States v. Darius Koshnevis, AKA James Frederick Koshnevis
Opinion
Opinion
Wallace, J.
Koshnevis appeals from a judgment of conviction after a jury trial for possession of methamphetamine with intent to distribute, 21 U.S.C. § 841 (a)(1); and use of a firearm in relation to a drug trafficking crime, 18 U.S.C. § 924 (c)(1). The district court had jurisdiction pursuant to 18 U.S.C. § 3231 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We withdrew submission pending our en banc decision in United States v. Rubio-Villareal, 967 F.2d 294 (9th Cir.1992) (en banc) (Rubio-Villareal). We now affirm.
I
On January 8, 1990, Koshnevis was driving alone in a northwardly direction when he was stopped by Border Patrol Agent Nicodemus at a permanent immigration checkpoint in Temecula, California. Nicodemus approached the car and knocked on the window. He testified that Koshnevis was looking straight ahead, that his right hand was placed next to him on the driver’s seat, and that his left hand was shaking visibly. Koshnevis rolled down the window and Nicodemus asked him where he was going. Koshnevis nervously replied “Tem-ecula.” Nicodemus inquired as to the ownership of the vehicle, and Koshnevis replied that it was his.