Guinn

MEMORANDUM *

Kevin William Guinn and Matthew Kee Dierck appeal their convictions for conspiracy to distribute marijuana and hashish in violation of 21 U.S.C. § 846 . They argue that the district court should have granted their motion to suppress evidence because Border Patrol agents allegedly detained them without reasonable suspicion, arrested them without probable cause, and failed to give them timely Miranda warnings. We review these claims de novo, and affirm the district court.

If an officer has a reasonable suspicion that a crime is afoot, he may conduct a brief investigatory stop of an individual. United States v. Arvizu, 534 U.S. 266, 273 , 122 S.Ct. 744 , 151 L.Ed.2d 740 (2002). Reasonable suspicion is “a particularized and objective basis” for suspecting a crime given the totality of circumstances. Id.

Border Patrol agents briefly detained Guinn, Dierck, and a third individual for questioning upon finding them seated together at a bar in Orient, Washington. Prior to initiating contact, the officers had several indications that the three men were involved in illegal activity.

On December 23, 2004, a local resident reported to authorities that he had contacted three…