United States of America v. Julian Ricardo Chacon

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JULIAN RICARDO CHACON,
Defendant - Appellant.
No. 09-10393
D.C. No. 2:08-cr-00059-JCM-
GWF-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
James C. Mahan, District Judge, Presiding
Argued and Submitted July 14, 2010
San Francisco, California
Before: FERNANDEZ, W. FLETCHER and TALLMAN, Circuit Judges.
Julian Ricardo Chacon appeals the denial of a motion to suppress evidence
in his criminal trial in federal district court. We affirm the district court.
FILED
AUG 19 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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2
Applying de novo review, we agree with the district court that the reasonable
suspicion underlying the investigatory stop had not dissipated at the time Chacon
gave consent to the search of his vehicle. As a result, the fact that Chacon was in
custody at the time he gave consent did not taint his consent. Although reasonable
suspicion may have begun to dissipate regarding the possibility of a kidnap-in-
progress, the highly unusual circumstances and odd explanations known to the
police at the time of consent did not eliminate reasonable suspicion that some
“criminal activity may be afoot.” United States v. Berber-Tinoco, 510 F.3d 1083,
1087 (9th Cir. 2007) (internal quotations omitted); see also United States v. Lopez,
482 F.3d 1067 (9th Cir. 2007).
The district court did not commit clear error in finding Chacon’s consent to
be voluntary. Several factors in the totality of the circumstances analysis support
the district court’s conclusion. See United States v. Patayan Soriano, 361 F.3d
494, 501-04 (9th Cir. 2004).
AFFIRMED.

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