United States v. Rosa Hernandez

Rosa Hernandez (“Hernandez”) appeals from the sentence imposed following her conditional guilty plea to charges of possession with intent to distribute crystal methamphetamine in violation of 21 U.S.C. § 841 (a)(1) and conspiracy to possess with intent to distribute in violation of 21 U.S.C. § 846 . She contends that the district court erred in denying her motion to suppress evidence seized from a mailed package and the statement she gave to law enforcement officers while in custody. Hernandez seeks reversal on the ground that she was deprived of her Fourth Amendment right to be free from an un reasonable interference with her possesso-ry interest in the mailed package. She also claims that the statements she made were the fruit of an illegal seizure. We review de novo a district court’s decision to deny a motion to suppress. United States v. Percy, 250 F.3d 720, 725 (9th Cir.), cert. denied, 534 U.S. 1009 , 122 S.Ct. 493 , 151 L.Ed.2d 405 (2001) (No. 01-6444). A war-rantless seizure is a mixed question of law and fact subject to de novo review. United States v. Aldaz, 921 F.2d 227, 229 (9th Cir.1990). Reasonable suspicion is determined de novo. Ornelas v. United States, 517 U.S.…