Soto

MEMORANDUM *

Defendant/Appellant Sergio Soto was convicted by a jury in the Central District of California of one count of possession of cocaine, in violation of 21 U.S.C. § 841 (a)(1), and entered a conditional guilty plea to one count of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). The district court sentenced Soto to 46 months’ imprisonment under the advisory Guidelines regime. Soto now appeals both his convictions and the resulting sentence. Soto’s Motion to Suppress

We reject Soto’s contention that this case is governed by United States v. Beck, 598 F.2d 497 (9th Cir.1979). The Beck court found that an arrest had occurred because “[t]he degree of force [used by the officers] ... was unreasonable.” Id at 502. Here, in contrast, no “force” was used — the officers did not draw their guns or physically restrain Soto, and Soto got out of his car on his own. Moreover, although there were multiple police vehicles and officers present, only one officer actually approached Soto to speak with him. We find these facts to be closer to those of United States v. Patterson, 648 F.2d 625, 633 (9th Cir.1981), and United States v. O’Connor, 658 F.2d…