Cuesta
United States v. Cuesta
Opinion
Lead Opinion
MEMORANDUM *
Daniel P. Cuesta appeals his conviction in magistrate’s court for knowingly driving a motor vehicle carrying alcoholic beverages while under the age of 21, in violation of Cal. Veh.Code § 23224(a), while in a National Park. See 36 C.F.R. § 4.2 (b) (prohibiting the violation of state traffic and vehicle laws in park areas). On the initial appeal pursuant to 18 U.S.C. § 3402 , the district court affirmed Cuesta’s conviction. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
Cuesta first contends that the Park Ranger lacked the requisite level of suspicion to stop Cuesta’s vehicle, and that the length and scope of the stop exceeded its justification. We review the reasonableness of an investigatory stop de novo, see United States v. Grigg, 498 F.3d 1070, 1074 (9th Cir.2007), including “[t]he determination of whether a seizure exceeds the bounds of an investigatory Terry stop and becomes an arrest,” United States v. Charley, 396 F.3d 1074, 1079 (9th Cir.2005). We hold that the park employees’ tip gave rise to the reasonable suspicion that Cues-ta, or some other individual in the car, was committing an ongoing crime, see Grigg, 498 F.3d at 1074-75 , or was…