United States v. Benjamin J. Diaz-Juarez

Opinion by Judge TASHIMA; Concurrence by Judge GRABER; Dissent by Judge FERGUSON.

*1140OPINION

TASHIMA, Circuit Judge.

Defendant-Appellant Benjamin Diaz-Juarez (“Diaz”) entered a conditional guilty plea to conspiracy to distribute marijuana and methamphetamine, in violation of 21 U.S.C. §§ 846 and 841(a)(1), while reserving his right to appeal. See Fed.R.Crim.P. 11(a)(2). He now appeals the district court’s denial of his motion to suppress evidence based on an assertedly illegal investigatory stop. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

I. BACKGROUND

Shortly after midnight on June…