United States v. Rafael Vargas-Calva

9 F.3d 1555 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Rafael VARGAS-CALVA, Defendant-Appellant. No. 91-10466. United States Court of Appeals, Ninth Circuit. Submitted Nov. 1, 1993. * Decided Nov. 8, 1993. Before: SCHROEDER, D.W. NELSON and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Rafael Vargas-Calva appeals his conviction, following a conditional guilty plea, for possession with intent to distribute marijuana in violation of 21 U.S.C. § 841 (a)(1). Vargas-Calva contends the district court erred by denying his motion to suppress evidence because Border Patrol Agent Brown lacked reasonable suspicion to stop the automobile Vargas-Calva was driving. We have jurisdiction under 28 U.S.C. § 1291 . 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 Cir.1989). 4 The Fourth Amendment prohibits an…