United States v. Gerald William Desroche

15 F.3d 1091 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gerald William DESROCHE, Defendant-Appellant. No. 92-30320. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 4, 1993. Decided Jan. 5, 1994. Before: WRIGHT, BEEZER and HALL, Circuit Judges. 1 MEMORANDUM * 2 Defendant Gerald William Desroche entered a conditional plea of guilty to possession with intent to distribute more than 500 grams of cocaine, in violation of 21 U.S.C. Secs. 841 (a)(1) and 841(b)(1)(B). He appeals the district court's denial of his motion to suppress evidence. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We affirm. 3 Desroche argues that Agent Reese's initial stop and detention of Desroche violated the Fourth Amendment. The district court found that this encounter was consensual. We review de novo whether there has been a "seizure" in violation of the Fourth Amendment. Martinez v. Nygaard, 831 F.2d 822, 826 (9th…