United States v. Juan Heriberto Carrillo

29 F.3d 635 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Juan Heriberto CARRILLO, Defendant, Appellant. No. 93-50078. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1993. Decided July 22, 1994. Before: FLETCHER, NORRIS, and PREGERSON, Circuit Judges. 1 MEMORANDUM * 2 Juan Heriberto Carrillo was convicted on his plea of guilty to one count of possession with intent to distribute in excess of 20 kilograms of cocaine in violation of 21 U.S.C. Sec. 841 (a)(1). 3 When the district court denied Carrillo's pre-trial motion to suppress all evidence seized after the California Highway Patrol ("CHP") stopped his truck on the day of his arrest, Carrillo entered a conditional plea of guilty under Fed.R.Crim.P. 11(a)(2), preserving his right to appeal his conviction. The district court sentenced Carrillo to 120 months in prison, the mandatory minimum sentence under 21 U.S.C. Sec. 841 (b)(1)(A)(ii)(II).…