United States of America, Plaintiff-appellee, v. James Mercer, Defendant-appellant, 142 F.3d 446 (9th Cir. 1998)

MEMORANDUM^* 

James Mercer appeals his conviction following a conditional guilty plea for possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a) (1). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Mercer contends that the district court erred by denying his motion to suppress the marijuana found in his truck because law enforcement officers were without a reasonable suspicion to stop the vehicle. This contention lacks merit.

We review de novo the district court's legal conclusion that reasonable suspicion existed. See United States v. Rodriguez-Sanchez, 23 F.3d 1488, 1492 (9th Cir. 1994). We review for clear error the district court's underlying factual findings. See id.

The district court did not err by denying Mercer's motion to suppress evidence. See Rodriguez-Sanchez, 23 F.3d at 1492-93. Mercer exhibited nervousness throughout his initial border crossing, where inspectors detected the combined odor of marijuana, detergent and plastic emanating from Mercer's trunk; Mercer entered the United States three times in two different vehicles in a relatively short period of time; Ranger Baldree recognized Mercer's associate as a man who had previously evaded officers by illegally exiting the United States; and Mercer stopped briefly at a motel, which was located immediately adjacent to the border and had a history of drug smuggling activity. See United States v. Cortez, 449 U.S. 411, 417-18, 101 S. Ct. 690, 66 L. Ed. 2d 621 (1981); Rodriguez-Sanchez, 23 F.3d at 1492-93. Viewing the totality of the circumstances in light of officer experience, we conclude that Baldree's stop of Mercer's truck was supported by reasonable suspicion.¹  See Cortez, 449 U.S. at 418, 421-22; see also United States v. Sokolow, 490 U.S. 1, 9-10, 109 S. Ct. 1581, 104 L. Ed. 2d 1 (1989) (recognizing that acts consistent with innocent behavior will frequently provide the basis for a showing of reasonable suspicion).

AFFIRMED.