Keith

MEMORANDUM **

Peggy Lei Keith appeals her sentence of 30 months following her conviction by conditional guilty plea for possession with intent to distribute marijuana, in violation 21 U.S.C. § 841 (a)(1) & (b)(1)(C). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Keith contends that the district court erred when it denied her motion to suppress evidence and concluded that the border patrol agent had reasonable suspicion to stop her automobile. We review the district court’s determination of reasonable suspicion de novo, and its underlying factual findings for clear error. See United States v. Lopez-Soto, 205 F.3d 1101, 1103-04 (9th Cir.2000).

Reasonable suspicion is based on the totality of the circumstances. See United States v. Hernandez-Alvarado, 891 F.2d 1414, 1416 (9th Cir.1989); see also United States v. Tiong, 224 F.3d 1136, 1140 (9th Cir.2000) (stating the quantum of proof needed for reasonable suspicion is less than a preponderance of the evidence, and less than probable cause). In the context of border patrol searches, the district court determines the existence of reasonable suspicion by considering the characteristics of the area, the defendant’s…