United States v. Jose Arias-Mendez

60 F.3d 835 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose ARIAS-MENDEZ, Defendant-Appellant. No. 94-30411. United States Court of Appeals, Ninth Circuit. Submitted June 26, 1995. * Decided July 3, 1995. Before: O'SCANNLAIN, LEAVY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Jose Arias-Mendez appeals his conviction, following entry of a conditional guilty plea, to aiding and abetting the distribution of heroin in violation of 21 U.S.C. Sec. 841 (a)(1) and 18 U.S.C. Sec. 2 . Arias-Mendez contends the district court erred by denying his motion to suppress evidence which was discovered as a result of a pretextual traffic stop where police officers lacked reasonable suspicion to justify stopping Arias-Mendez for the narcotics offense. We have jurisdiction under 28 U.S.C. Sec. 1291 . We affirm. 3 We review the district court's decision on a motion to suppress de novo and the its factual findings for clear error. United…