Stein

United States v. Stein

Good Law
124 F. App'x 571
United States Court of Appeals for the Ninth CircuitMarch 17, 2005No. 03-30459California324 words

Opinion

Lead Opinion

MEMORANDUM **

Michael Stein appeals his conviction for attempted possession of cocaine with intent to distribute. 21 U.S.C. § 846 . We affirm.

(1) Stein first argues that the fruits of a search conducted on January 16, 2003, must be suppressed. However, he did not raise the issue before trial and has not shown good cause for his failure so to do. Thus, we will not consider this waived issue. See Fed.R.Crim.P. 12(b)(3)(C), (e); United States v. Murillo, 288 F.3d 1126, 1135 (9th Cir.2002); United States v. Wright, 215 F.3d 1020, 1026-27 (9th Cir. 2000).

(2) Stein also argues that the delay at the post office of a package sent by him and addressed to an address where he received mail amounted to an illegal seizure because it was detained without reasonable suspicion and for an unreasonable period. We disagree. Assuming that reasonable suspicion is needed to detain a package, it existed here. See United States v. Van Leeuwen, 397 U.S. 249, 251-53 , 90 S.Ct. 1029, 1032-33 , 25 L.Ed.2d 282 (1970); United States v. Hernandez, 313 F.3d 1206, 1210-11 (9th Cir.2002); United States v. Aldaz, 921 F.2d 227, 229 (9th Cir.1990). Moreover, the period of detention was not excessive. See…

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