United States v. Fernando Figueroa-Acosta

979 F.2d 856 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Fernando FIGUEROA-ACOSTA, Defendant-Appellant. No. 92-50111. United States Court of Appeals, Ninth Circuit. Submitted Nov. 3, 1992. * Decided Nov. 12, 1992. Before WALLACE, Chief Judge, and TROTT and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Fernando Figueroa-Acosta was indicted on two counts of transporting illegal aliens in violation of Title 8 U.S.C. § 1324 (a)(1)(B) (1988). He pled guilty to Count I of the Indictment pursuant to Rule 11(a)(2) of the Federal Rules of Criminal Procedure which allows preservation of pretrial rulings for appeal. He now challenges the district court's adverse ruling on his pre-trial motion to suppress evidence. 3 * FOUNDED SUSPICION 4 Appellant was driving a van containing eighteen illegal aliens when a United States Border Patrol Agent turned on his flashing lights in an attempt to pull appellant over to the…