U.S. v. Soto-Martinez

• Decision Date: 22 September 1988
• Docket Number: D,No. 87-1367,SOTO-MARTINE,87-1367
• Citation: 859 F.2d 924
• Parties: Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Jesusefendant-Appellant.
• Court: U.S. Court of Appeals — Ninth Circuit

Page 924

859 F.2d 924

Unpublished Disposition

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

UNITED STATES of America, Plaintiff-Appellee, v. Jesus SOTO-MARTINEZ, Defendant-Appellant.

No. 87-1367.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Sept. 12, 1988.

Decided Sept. 22, 1988.

Robert C. Broomfield, District Judge, Presiding.

Before CHAMBERS, JOHN MINOR WISDOM, ^* and THOMPSON, Circuit Judges.

MEMORANDUM ^**

Jesus Soto-Martinez appeals his conviction under 21 U.S.C. Sec. 841(a)(1) for possession with intent to distribute cocaine. After a thorough review of the record, we affirm the decision below for the reasons stated by the district court in its rulings on the defendant's motions to suppress evidence and withdraw his guilty plea (CR 27, 100).

The record reveals that there was reasonable suspicion to stop and probable cause to search the defendant's vehicle based on the corroborated information provided by the government's informant. See Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889, (1968); Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983); United States v. Moreno-Buelna, 524 F.2d 1129 (9th Cir.), cert. denied, 434 U.S. 1035 (1975). The record also demonstrates that the district court did not abuse its discretion in denying the defendant's pre-sentencing motion to withdraw his guilty plea. See United States v. Lopez-Martinez, 725 F.2d 471 (9th Cir.1984); United States v. Normandeau, 800 F.2d 953 (9th Cir.1986).

The judgment of the district court is AFFIRMED.

* Hon. John Minor Wisdom of the United States Court of Appeals for the Fifth Circuit, sitting by designation.

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.