Unpublished Disposition, 869 F.2d 1498 (9th Cir. 1989)

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US Court of Appeals for the Ninth Circuit - 869 F.2d 1498 (9th Cir. 1989)

UNITED STATES of America, Plaintiff-Appellant,v.Humberto M. ACOSTA, Hector Hernandez, Defendants-Appellees.

No. 88-1234.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Feb. 9, 1989.Decided Feb. 27, 1989.

Before GOODWIN, ALARCON and NELSON, Circuit Judges.


MEMORANDUM* 

The government has appealed from the district court's order granting the appellees' motion to suppress. The government argues that the evidence demonstrates that the arresting officers articulated facts that demonstrate a founded suspicion of illegal activity justifying a stop of a car. We affirm without reaching this issue.

The district court found that the testimony of the government's only witness was "vague and unconvincing." The motion to suppress was granted because the court concluded that the government failed to carry its burden of persuasion. A trial judge's determination that a witness is not credible is ordinarily unreviewable by this court. "We may not substitute our own judgment [concerning credibility] for that of the trier of fact who heard the testimony and observed the witness' demeanor." Palmer Coking Coal Co. v. Director, Office of Workers' Compensation Programs, 720 F.2d 1054, 1058 (9th Cir. 1983); see also United States v. Vaccaro, 816 F.2d 443, 454 (9th Cir. 1987) ("the credibility of witnesses and the weight accorded the evidence are questions for the jury that are not reviewable"). Because no credible evidence of articulable facts demonstrating a founded suspicion was presented to the district court, the order granting the motion to suppress is AFFIRMED.

 *

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3