United States v. Hector Jesus Gonzalez-Morales, AKA Hector Jesus Gonzalez

Good Law
2 F.3d 1158·1993 WL 302113·1993 U.S. App. LEXIS 28245
United States Court of Appeals for the Ninth CircuitAugust 9, 199393-10041California1,161 words

Opinion

Opinion

2 F.3d 1158 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Hector Jesus GONZALEZ-MORALES, aka Hector Jesus Gonzalez, Defendant-Appellant. No. 93-10041. United States Court of Appeals, Ninth Circuit. Submitted July 21, 1993. * Decided Aug. 9, 1993. Before: BROWNING, TANG and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Hector Jesus Gonzalez-Morales appeals his conviction, following a conditional guilty plea, for possession with intent to distribute marijuana in violation of 21 U.S.C. Sec. 841 (a)(1). Gonzalez-Morales contends the district court erred by denying his motion to suppress evidence because Border Patrol Agent Everett lacked reasonable suspicion to stop the automobile Gonzalez-Morales was driving. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we reverse. 3 We review de novo whether founded suspicion existed for an investigatory stop of a vehicle. United States v. Hernandez-Alvarado, 891 F.2d 1414, 1416 (9th…

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