United States v. Gilbert Escalante

990 F.2d 1262 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gilbert ESCALANTE, Defendant-Appellant. No. 92-10363. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 9, 1993. Decided March 22, 1993. Before CHOY, PREGERSON and BEEZER, Circuit Judges. 1 MEMORANDUM * 2 After his motion to suppress was denied, Gilbert Escalante entered a conditional guilty plea for conspiracy to possess and possession of marijuana with intent to distribute in violation of 21 U.S.C. §§ 846 and 841(a)(1). Escalante asserts on appeal that the court erred in denying his motion to suppress because Border Patrol agents lacked reasonable suspicion to stop the Ford in which he was a passenger; therefore the search and seizure conducted by the officers violated his fourth amendment protections. 1 We have jurisdiction under 28 U.S.C. § 1291 . We reverse. BACKGROUND: 3 On November 11, 1991, Border Patrol Agent Bangs…