United States v. Adalberto Pineda-Anorve

77 F.3d 491 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Adalberto PINEDA-ANORVE, Defendant-Appellant. No. 95-10281. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1996. * Decided Feb. 12, 1996. Before: PREGERSON, CANBY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Adalberto Pineda-Anorve appeals his conviction following the entry of a conditional guilty plea to possession with intent to distribute marijuana in violation of 21 U.S.C. § 841 (a)(1) and conspiracy in violation of 21 U.S.C. § 846 . Pineda-Anorve contends that the district court erred by denying his suppression motion because U.S. Customs Agents lacked founded suspicion to conduct an investigatory stop and probable cause for his subsequent arrest. We have jurisdiction under 28 U.S.C. § 1291 and affirm. 3 Whether there was founded suspicion to justify an investigatory stop or probable cause to arrest is a mixed question of law…