Mendoza

MEMORANDUM

Jovanni Mendoza appeals his conviction and 235-month prison sentence for importation of marijuana, in violation of 21 U.S.C. §§ 952 and 960, possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1), bringing in illegal aliens for financial gain, in violation of 8 U.S.C. § 1324 (a)(2)(B)(ii), and transportation of illegal aliens and aiding and abetting, in violation of 8 U.S.C. § 1324 (a)(l)(A)(ii) and (v)(II). Mendoza also appeals the denial of his motion for a new trial or a writ of coram nobis.

1. Mendoza waived his statutory right to a speedy trial because he failed to raise it to the district court. See 18 U.S.C. § 3162 (a)(2). Mendoza’s constitutional speedy trial right was also not undermined because he has not demonstrated prejudice, the delay in his trial was due to his outstanding discovery motion and requests for continuances, and he did not object to the delay. See United States v. Baker, 63 F.3d 1478, 1497 (9th Cir.1995).

2. The district court did not err in denying Mendoza’s motion to suppress evidence obtained from his arrest and a search and seizure on August 24, 2005. The initial stop and questioning conducted by the…