United States v. Richard H. Smith

990 F.2d 1265 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Richard H. SMITH, Defendant-Appellant. No. 92-30263. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1993. * Decided March 24, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Richard H. Smith appeals his convictions, following entry of conditional guilty pleas, for possession with intent to distribute marijuana and manufacturing marijuana in violation of 21 U.S.C. §§ 841 (a)(1), (b)(1)(D), (B)(1)(C), and carrying a firearm during a drug trafficking crime in violation of 18 U.S.C. § 924 (c). He contends the district court erred by denying his motion to suppress the evidence. He argues the district court erroneously held that the investigatory stop was not unreasonably intrusive, thereby constituting an arrest unsupported by probable cause. He further argues that it was unlawful for…