United States v. Jorge Adolfo Lopez-Mena

Good Law
51 F.3d 283·1995 WL 107179·1995 U.S. App. LEXIS 23615
United States Court of Appeals for the Ninth CircuitMarch 10, 199594-10147California958 words

Opinion

Opinion

51 F.3d 283 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jorge Adolfo LOPEZ-MENA, Defendant-Appellant. No. 94-10147. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 13, 1995. Decided March 10, 1995. 1 Before: FLETCHER, PREGERSON, and RYMER, Circuit Judges 2 MEMORANDUM * 3 Jorge Adolfo Lopez-Mena appeals his conviction for possession of cocaine with intent to distribute in violation of 21 U.S.C. Sec. 841 (a)(1). He asserts that the district court should have suppressed the nearly twelve kilograms of cocaine found in his car because Tohono O'Odham Police Officer David Cray stopped Lopez-Mena's car without reasonable suspicion. 1 Lopez-Mena also asserts that the district court erred in giving a Jewell instruction on willful ignorance because the government argued that Lopez-Mena actually knew he was transporting cocaine. We have jurisdiction, 28 U.S.C. Sec. 1291 , and we reverse. 4 * Lopez-Mena…

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