United States v. Heshimu R. Arreguine

39 F.3d 1188 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Heshimu R. ARREGUINE, Defendant-Appellant. No. 94-30034. United States Court of Appeals, Ninth Circuit. Submitted Oct. 17, 1994. * Decided Oct. 27, 1994. Before: BROWNING, FARRIS, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Heshimu R. Arreguine appeals his conviction and sentence following a jury trial for possession with intent to distribute cocaine in violation of 21 U.S.C. Sec. 841 (a)(1). Arreguine argues that the district court erred by denying his suppression motion and by not departing downward. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 Arreguine argues that the cocaine should have been suppressed because the Greyhound bus employee who opened his luggage was acting as a government agent. 4 We review de novo the district court's legal conclusion that evidence was obtained pursuant to a private search. United States v. Reed, 15 F.3d 928,…