United States v. Pedro Prieto-Villa

996 F.2d 1229 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Pedro PRIETO-VILLA, Defendant-Appellant. No. 91-50505. United States Court of Appeals, Ninth Circuit. Submitted June 8, 1993. * Decided June 24, 1993. Before BROWNING, FERGUSON and BOOCHEVER, Circuit Judges. 1 MEMORANDUM ** 2 Pedro Prieto-Villa ("Prieto") appeals from his conviction, pursuant to a conditional guilty plea, of cocaine possession with intent to distribute in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . Prieto contends that the district court erred in denying his motion to suppress certain evidence: a vial of cocaine discovered in his pocket when he was searched, and most notably two incriminating post-arrest statements. 3 Prieto was illegally arrested and searched without probable cause, although the police did have reasonable suspicion. The government argues that the vial and statements were admissible because they would have…