Dupas

MEMORANDUM **

Defendant Matthew Eugene Dupas appeals his conviction, following a conditional guilty plea, to possession of stolen mail in violation of 18 U.S.C. § 1708 . 1 He challenges the district court’s denial of his motion to suppress evidence seized after a traffic stop. We review de novo the denial of a motion to suppress, but we review the court’s underlying findings of fact for clear error. United, States v. Mariscal, 285 F.3d 1127, 1129 (9th Cir.2002).

The traffic stop was supported by reasonable suspicion.

The district court found that the officer was credible. The officer saw that Defendant’s car lacked a front license plate and believed that the absence of the plate violated California Vehicle Code § 5200. The officer’s belief that the car was registered in California and, therefore, that Defendant had violated the statute was reasonable; reasonable suspicion is not certainty.

The officer also reasonably suspected that Defendant was driving under the influence of intoxicants. The officer followed Defendant’s car for nearly two miles and saw the car swerving “repeatedly” within its lane, touching the lane lines “several” times. The fact that the officer also…