United States v. Mark Jerome Mallerich

993 F.2d 885 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mark Jerome MALLERICH, Defendant-Appellant. No. 92-50019. United States Court of Appeals, Ninth Circuit. Submitted April 27, 1993. * Decided May 11, 1993. Before: BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Mark Jerome Mallerich appeals his conviction following a conditional guilty plea to bank robbery in violation of 18 U.S.C. § 2113 (a). Mallerich contends that the district court erred by denying his motion to suppress evidence because the police officers' use of force converted the investigatory stop into an arrest unsupported by probable cause. We have jurisdiction under 28 U.S.C. § 1291 and affirm. 3 We review de novo the district court's denial of a motion to suppress evidence. United States v. Flippin, 924 F.2d 163, 164 (9th Cir.1991). Similarly, we review de novo whether a detention amounted to an arrest or an investigatory…