United States v. John M. Racich

53 F.3d 341 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. John M. RACICH, Defendant-Appellant. No. 94-50347. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 4, 1995. Decided May 1, 1995. Before: McKay, * REINHARDT, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** BACKGROUND 2 John M. Racich was stopped by two Tijuana police officers while traveling in Mexico. Upon discovering that he had a loaded gun in his vehicle, the officers advised him that he was under arrest for possession of a firearm but, according to Racich, eventually agreed to a bribe of $1400 for not charging him with a criminal offense. Also, according to Racich, the officers initially refused to return his gun, although they offered to do so if he would pay them additional money. 3 The remainder of the facts are agreed to by all concerned. Racich returned to the United States, withdrew money from an ATM machine, and purchased WD-40, a…