United States v. Duane Agtuca

64 F.3d 667 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Duane AGTUCA, Defendant-Appellant. No. 94-30257. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 25, 1995. Decided Aug. 11, 1995. Before: WRIGHT, BEEZER and HAWKINS, Circuit Judges. 1 MEMORANDUM * 2 Defendant Kenneth Agtuca appeals his convictions for conspiracy to commit armed bank robbery, in violation of 18 U.S.C. Sec. 371 , armed bank robbery, in violation of 18 U.S.C. Sec. 2113 (a), (d), use of a firearm, in violation of 18 U.S.C. Sec. 924 (c)(1), and possession of a firearm by a felon, in violation of 18 U.S.C. Sec. 922 (g)(1). We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. I. 3 Agtuca first argues that the district court erred in denying his motion to suppress evidence seized from him upon his arrest. He claims that the officers did not have probable cause to arrest him. The government responds that there was…