United States v. Leon Smith

30 F.3d 140 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Leon SMITH, Defendant-Appellant. No. 93-50356. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 4, 1994. Decided July 28, 1994. Before: HUG, WIGGINS and NOONAN, Circuit Judges MEMORANDUM * Leon Smith (Smith) appeals the district court's denial of his motion to suppress, his conviction for aiding and abetting an armed bank robbery, and a sentencing enhancement for reckless endangerment during flight. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm except as to the sentencing enhancement. Probable cause for Smith's arrest. Smith argues that the fruits of his arrest should have been suppressed, because the government failed to establish probable cause for the arrest. The district court's determination that probable cause existed is reviewed de novo ( United States v. Fouche, 776 F.2d 1398, 1403 (9th Cir.1985)), and the underlying…