United States v. Xuan Ngoc Bui

15 F.3d 1090 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Xuan Ngoc BUI, Defendant-Appellant. No. 92-50566. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1993. * Decided Jan. 10, 1994. Before: FLETCHER, PREGERSON, and HALL, Circuit Judges. 1 MEMORANDUM ** OVERVIEW 2 Appellant Xuan Ngoc Bui appeals the district court's denial of his motion to suppress evidence allegedly seized in violation of the Fourth Amendment. Appellant conditionally pled guilty to possession with intent to distribute heroin, in violation of 21 U.S.C. Sec. 841 (a)(1), and was sentenced to 63 months incarceration, followed by five years' supervised release. We affirm. BACKGROUND 3 Appellant Xuan Ngoc Bui entered American Airlines' Terminal Four at the Los Angeles International Airport on April 6, 1992. As he attempted to pass the security checkpoint area, he set off the magnetometer (or "metal detector"). The magnetometer was…