United States v. Tony Ahumada Martinez

999 F.2d 545 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Tony Ahumada MARTINEZ, Defendant-Appellant. No. 92-10507. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1993. * Decided July 2, 1993. MEMORANDUM ** Before CANBY, FERNANDEZ, and T.G. NELSON, Circuit Judges. 1 Tony Ahumada Martinez appeals his conviction for possession with intent to distribute marijuana in violation of 21 U.S.C. § 841 (a)(1). He challenges the denial of his pre-trial motion to suppress the marijuana seized from his truck. He asserts that the district court erred in determining that his initial detention was an investigatory stop, and not an arrest, and that he voluntarily consented to the search of his truck. We have jurisdiction under 28 U.S.C. § 1291 . We affirm. 2 * We review de novo whether there was founded suspicion to justify an investigatory stop. United States v. Sanchez-Vargas, 878 F.2d 1163, 1166 (9th…