United States v. Norberto Hernandez-Ochoa

50 F.3d 17 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Norberto HERNANDEZ-OCHOA, Defendant-Appellant. No. 94-10356. United States Court of Appeals, Ninth Circuit. Submitted March 21, 1995. * Decided March 23, 1995. Before: SNEED, POOLE, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Norberto Hernandez-Ochoa appeals his jury conviction for conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. Sec. 846 and possession with intent to distribute marijuana, in violation of 21 U.S.C. Sec. 841 (a)(1). Hernandez-Ochoa contends that the district court erred in denying his suppression motion because: (1) law enforcement officers arrested him rather than conducting an investigatory stop and (2) even if law enforcement officers conducted an investigatory stop they lacked reasonable suspicion. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. Background 3 On November 29, 1993, the Tohono…