United States v. Kenneth A. Allbee

36 F.3d 1103 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kenneth A. ALLBEE, Defendant-Appellant. No. 94-30106. United States Court of Appeals, Ninth Circuit. Submitted Sept. 20, 1994. * Decided Sept. 22, 1994. Before: SNEED, WIGGINS, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Kenneth Allbee appeals his conviction following entry of a conditional guilty plea to driving under the influence of alcohol on an air force base, in violation of 18 U.S.C. Secs. 7 and 13 and Idaho Code Sec. 18-8004. Allbee contends that the district court erred by denying his motion to dismiss, or in the alternative to suppress evidence, on the ground that the stop of his vehicle violated his fourth amendment right against unreasonable search and seizure. We review the district court's determination as to the constitutionality of an investigatory stop de novo, United States v. Hall, 974 F.2d 1201, 1204 (9th Cir.1992), and we affirm. 3 The…