Cruz-Murillo

MEMORANDUM **

Jesus Cruz-Murillo appeals the district court’s judgment of conviction following his plea of guilty to one count of knowingly and intentionally importing more than five kilograms of cocaine, and one count of knowingly and intentionally possessing more than five kilograms of cocaine with intent to distribute. Cruz-Murillo conditioned his guilty plea on the right to appeal the district court’s denial of his suppression motion. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Cruz-Murillo’s notice of appeal was filed on December 29, 2005, more than 10 days after the district court’s entry of judgment on December 12, 2005. However, Cruz-Murillo deposited his notice of appeal in the prison’s legal mailbox on December 16, 2005. Because Cruz-Murillo delivered his notice of appeal to prison authorities for forwarding to the clerk of the district court within the requisite period, his appeal was timely. See Houston v. Lack, 487 U.S. 266, 270-71 , 108 S.Ct. 2379 , 101 L.Ed.2d 245 (1988).

Cruz-Murillo contends that his detention at the border was an illegal arrest because it was not supported by probable cause. Whether an investigatory detention becomes an arrest…