Dubas

MEMORANDUM *

Anne Katherine Dubas appeals from the denial of her suppression motion and her conviction. Dubas entered a conditional guilty plea to one count of possession with intent to distribute fifty or more kilograms of marijuana in violation of 21 U.S.C. § 841 (a)(1). On appeal, Dubas argues that a Border Patrol agent’s discovery of marijuana in her vehicle was the result of an illegal stop, and that her consent to the search of her vehicle was invalid. We have jurisdiction over Dubas’ appeal pursuant to 28 U.S.C. § 1291 , and we affirm.

The existence of reasonable suspicion to support a brief investigatory stop is subject to de novo review. Ornelas v. United States, 517 U.S. 690, 699 , 116 S.Ct. 1657 , 134 L.Ed.2d 911 (1996). The district court’s factual findings, including the voluntariness of a consent to search, are reviewed for clear error. United States v. Kim, 25 F.3d 1426, 1431 (9th Cir.1994).

Assuming without deciding that the Border Patrol agent’s encounter with Dubas qualified as a seizure for Fourth Amendment purposes, the agent had sufficient grounds for stopping Dubas. “An investigatory stop is permissible under the Fourth Amendment if supported by…