Ramirez
United States v. Ramirez
Opinion
Lead Opinion
MEMORANDUM *
Adgardo Ramirez appeals his conviction for possession with intent to distribute approximately one kilogram of cocaine, in violation of 21 U.S.C. § 841 (a)(1). Ramirez entered into a conditional guilty plea, reserving his right to challenge the district court’s denial of his motion to suppress evidence obtained by Drug Enforcement Agency agents when he was stopped in a motel parking lot. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.
Ramirez first contends that his encounter with the authorities at the Klondike Motel in conjunction with an earlier encounter at the airport was a seizure without reasonable suspicion in violation of the Fourth Amendment. This contention lacks merit.
Whether an encounter between an individual and law enforcement authorities constitutes an investigatory stop is a mixed question of law and fact subject to de novo review. United States v. Kim, 25 F.3d 1426, 1430 (9th Cir.1994). The district court’s underlying factual determinations are reviewed for clear error. United States v. Cormier, 220 F.3d 1103, 1110 (9th Cir.2000), cert, denied, — U.S. -, 121 S.Ct. 1146 , 148 L.Ed.2d 1009 (2001).