United States v. Ruben Romero-Aguilar

990 F.2d 1264 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ruben ROMERO-AGUILAR, Defendant-Appellant. No. 92-50596. United States Court of Appeals, Ninth Circuit. Submitted April 7, 1993. * Decided April 14, 1993. Before BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Ruben Romero-Aguilar appeals his conviction following entry of a conditional guilty plea to possession with intent to distribute heroin in violation of 21 U.S.C. § 841 (a)(1). Romero-Aguilar contends the district court erred by denying his motion to suppress evidence gathered after he was allegedly seized by agents of the United States Border Patrol. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 We review de novo the district court's denial of a motion to suppress, but for clear error the district court's underlying findings of fact. United States v. Flippin, 924 F.2d 163, 164 (9th Cir.1991); United States v. $25,000…