United States v. Thomas Cruz Marez

19 F.3d 31 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Thomas Cruz MAREZ, Defendant-Appellant. No. 93-10433. United States Court of Appeals, Ninth Circuit. Submitted March 8, 1994. * Decided March 10, 1994. Before: FLETCHER, BRUNETTI, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Thomas Cruz Marez appeals his conviction following entry of a conditional guilty plea to possession of a controlled substance with intent to distribute, use of a firearm during a drug trafficking offense, and being a felon in possession of a firearm in violation of 21 U.S.C. Sec. 841 (a)(1) and 18 U.S.C. Secs. 924 , 922(g)(1). Marez contends the district court erred by denying his motion to suppress evidence seized during a patdown search and a search of his vehicle. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we vacate and remand for further proceedings. I. BACKGROUND 3 At about 10:40 p.m. on November 9, 1991, two California Highway…