United States v. Josephine Romo-Gomez

83 F.3d 430 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Josephine ROMO-GOMEZ, Defendant-Appellant. No. 95-10430. United States Court of Appeals, Ninth Circuit. Submitted April 22, 1996. * Decided April 26, 1996. Before: HALL, THOMPSON, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Josephine Romo-Gomez appeals the district court's denial of her motion to suppress marijuana seized by a border patrol agent from a car Romo-Gomez was driving. Following the denial of the motion to suppress, Romo-Gomez entered a conditional guilty plea to possession with intent to distribute. Romo-Gomez contends that the district court erred by finding that her encounter with the border patrol agent was not an investigatory stop. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 "Whether an encounter between an individual and law enforcement authorities constitutes an investigatory stop is a mixed question of law and fact…