United States of America v. Veronica Guadalupe Sandoval

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
VERONICA GUADALUPE
SANDOVAL,
Defendant - Appellant.
No. 12-10250
D.C. No. 4:10-cr-02991-CKJ-
HCE-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Argued and Submitted August 15, 2013
San Francisco, California
Before: REINHARDT, GRABER, and HURWITZ, Circuit Judges.
Defendant Veronica Guadalupe Sandoval appeals the district court’s denial
of a motion to suppress evidence of a large quantity of marijuana found in her
horse trailer. We review de novo the denial of the motion but review for clear
FILED
AUG 20 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.

-- 1 of 2 --

error the underlying findings of fact. United States v. Basher, 629 F.3d 1161, 1165
(9th Cir. 2011). We affirm.
1. Reasonable suspicion justified the traffic stop. The officers’ testimony,
which was credited and not contradicted, established a traffic violation, which
suffices to justify a stop. United States v. Miranda-Guerena, 445 F.3d 1233, 1236
(9th Cir. 2006). The officers also had a reasonable suspicion that Defendant was
transporting drugs, based on a detailed and reliable informant’s tip.
2. The district court did not clearly err, United States v. Washington, 490
F.3d 765, 769 (9th Cir. 2007), in finding that Defendant voluntarily consented to
the search. Several facts support the finding that she was not coerced, including
advice that Defendant could withdraw her consent at any time, her retention of the
keys to her vehicle, and the absence of potentially intimidating measures such as
handcuffs or displayed firearms.
AFFIRMED.
2

-- 2 of 2 --