United States v. Jesus Soto-Valencia

Jesus Soto-Valencia appeals his conviction by conditional guilty plea and sentence for conspiracy to manufacture 1000 or more marijuana plants in violation of 21 U.S.C. § 841 (a)(1) and (b)(1)(A)(vii) and § 846. He contends that the district court erred by denying his motion to suppress and finding him ineligible for safety-valve relief. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Soto-Valencia’s voluntary decision to stop his vehicle and converse with Officer Thomas for the first 30 seconds or so of the encounter did not implicate the Fourth Amendment. See United States v. Al Nasser, 555 F.3d 722, 726 (9th Cir.2009). Thereafter, in light of the totality of the circumstances, Thomas had reasonable suspicion to detain Soto-Valencia to check his identification. See United States v. Christian, 356 F.3d 1103, 1106 (9th Cir.2004). Thomas encountered Soto-Valencia driving miles past a road closure sign in an area of suspected marijuana grow operations, was told an implausible story about a camping trip, observed the vehicle occupants’ scared demeanor and inappropriately heavy clothing, and knew from an intelligence briefing that drug trafficking organizations were…