United States v. Allen Ray Lewis

9 F.3d 1554 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Allen Ray LEWIS, Defendant-Appellant. No. 92-50378. United States Court of Appeals, Ninth Circuit. Submitted Oct. 20, 1993. * Decided Oct. 27, 1993. Before: BEEZER, KOZINSKI and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Allen Ray Lewis appeals his conviction, following a jury trial for conspiracy and possession with intent to distribute cocaine and cocaine base in violation of 21 U.S.C. §§ 841 (a)(1), 846. Lewis contends the district court erred by denying his motion to suppress evidence because the police officers lacked reasonable suspicion to stop the vehicle he was driving. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm. 3 Fed.R.Crim.P. 12(b)(3) requires defendants to move for suppression of evidence before trial, and failure to do so constitutes a waiver. United States v. Restrepo-Rua, 815 F.2d 1327, 1329 (9th Cir.1987).…