United States v. Thomas Francis McNeely

990 F.2d 1263 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Thomas Francis MCNEELY, Defendant-Appellant. No. 92-30294. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1993. * Decided April 7, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Thomas Francis McNeely appeals his conviction following a stipulated-facts bench trial for possession of a firearm by a felon in violation of 18 U.S.C. §§ 922 (g), 924(a). McNeely contends the district court erred by denying his motion to suppress evidence because (1) the initial stop of his vehicle was not based upon reasonable suspicion, and (2) he was subjected to an illegal custodial interrogation which resulted in the discovery of incriminating evidence. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 We review de novo (1) the district court's denial of a motion to suppress, United States v.…