Reyes-Aguirre

MEMORANDUM **

Defendant-Appellant David Reyes-Aguirre (“Reyes-Aguirre”) appeals the district court’s denial of his motion to suppress evidence in connection with his conviction for possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction over this matter pursuant to 28 U.S.C. § 1291 . We conclude that the scant evidence of criminal activity cited in this case could not give rise to a particularized reasonable suspicion. The facts are known to the parties and we do not recite them here.

Although each of the reasonable suspicion factors considered by the district court were proper, see United States v. Brignoni-Ponce, 422 U.S. 873, 884-85 , 95 S.Ct. 2574 , 45 L.Ed.2d 607 (1975), the factors cited simply do not create an individualized reasonable suspicion under the totality of the circumstances. See Brignoni-Ponce, 422 U.S. at 884 , 95 S.Ct. 2574 (“[Officers on roving patrol may stop vehicles only if they are aware of specific articulable facts ... that reasonably warrant suspicion that the vehicle contains aliens who may be illegally in the county.” (emphasis added)); United State v. Montero-Camargo, 208 F.3d 1122, 1130 (9th…