United States v. Maurillo Rojas-Millan

234 F.3d 464, 2000 Cal. Daily Op. Serv. 9754, 2000 U.S. App. LEXIS 31295, 2000 WL 1800123
CourtCourt of Appeals for the Ninth Circuit
DecidedDecember 8, 2000
Docket98-10518
StatusPublished
Cited by135 cases

This text of 234 F.3d 464 (United States v. Maurillo Rojas-Millan) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Maurillo Rojas-Millan, 234 F.3d 464, 2000 Cal. Daily Op. Serv. 9754, 2000 U.S. App. LEXIS 31295, 2000 WL 1800123 (9th Cir. 2000).

Opinions

BERZON, Circuit Judge:

Maurillo Rojas-Millan appeals from his conviction and sentencing for (1) possession of methamphetamine with intent to distribute, 21 U.S.C. § 841(a)(1); (2) conspiracy to possess with intent to distribute, 21 U.S.C. § 846; and (3) interstate travel in aid of racketeering, 18 U.S.C. § 1952(a)(3). Although we find no basis for overturning his conviction, we do find that the district court mistakenly concluded that it did not have discretion to grant a downward adjustment for being a minor participant, and that it is not certain that the district court exercised its discretion regarding whether a downward departure for aberrant behavior was appropriate. Consequently, we vacate the sentence and remand the case to the district court.

I. Background

On March 7, 1998, at about five in the evening, a Nevada Highway Patrol (NHP) Trooper, James Marshall, spotted Rojas-Millan and a companion, Jorge Adame-Farias, driving east along Interstate 80 in Reno. Marshall, understandably, spends a lot of time looking at license plates, and he noticed something strange about the tags on Rojas-Millan’s 1989 Nissan Sentra: they began with the numeral “4.” This was the first time Marshall had seen white-series California tags that did not begin with either a “1,” “2,” or “3,” and he might have passed them off as brand-new plates except that he also noticed they had 1998 registration stickers. California issued 1998 stickers in 1997; if the plates were in fact new, Marshall thought they would have had 1999 stickers. He therefore suspected that the plates might be fictitious— that either the car, the plates, or the registration stickers might have been stolen— and so he called his dispatch unit to run a check on the plate number.

NHP dispatch ran a check but came up with “no match,” indicating that the number was not listed as a valid California license plate. Marshall double-checked and repeated the number, and again the dispatch unit told him “no match.” These responses heightened Marshall’s suspicion that the car might be stolen, or at least that the tags and registration might be fictitious. Driving a vehicle with fictitious plates is a violation of Nevada law, Nev. Rev.Stat. § 482.545 (1999), and so Marshall initiated a traffic stop.1

[468]*468Rojas-Millan promptly pulled off the interstate and stopped. As Marshall approached the vehicle, he noted an unusually strong odor of perfume emanating from its interior, which, based on his training, suggested that the driver might be masking the • smell of illegal drugs. Marshall proceeded to question Rojas-Millan about his registration, and Rojas-Millan presented Marshall with both a seemingly valid Oregon driver’s license and a California vehicle registration in his name. Marshall next asked Adame-Farias for identification, and Adame-Farias presented his California identification card.

Marshall again called NHP dispatch to verify information on the vehicle and its two occupants. While reviewing the registration documents and awaiting word from dispatch, Marshall questioned Rojas-Mil-lan and Adame-Farias separately about their travel plans. Rojas-Millan explained that he had come to Reno to meet a friend, although he did not know where the friend was to be found, and that he intended to return to Stockton, California, that evening. Adame-Farias claimed that he was a mechanic and that he had come to fix someone’s car, although he did not know who the owner was, where the car was located, or what kind of car it was.

Dispatch reported that its check of record indices for Rojas-Millan’s name turned up nothing, but Marshall continued his investigation. He again asked Rojas-Millan where he was going, whether there were guns, alcohol or large sums of cash in the car, and finally, whether he had any drugs. He then asked for permission to search the vehicle. Rojas-Millan agreed and signed a form written in Spanish certifying his consent.

During the search, Marshall saw that a decorative panel in the rear right-hand side of the car had been pulled back and disfigured. When he pulled it back further he found two packages of methamphetamine. Eventually, investigators found a total of ten packages containing four kilograms of methamphetamine in the car. After his arrest, Rojas-Millan explained that he had received the drugs in Los Angeles and was to deliver them to an unknown individual in the parking lot of the Eldorado Hotel in Reno.

A jury convicted Rojas-Millan of possession with intent to distribute and related offenses, and the district court sentenced him to 188 months in prison. Rojas-Mil-lan filed a timely appeal challenging the conviction and sentence.

II. Rojas-Millan’s Conviction

Rojas-Millan attacks his conviction on the ground that, for several reasons, the district court should have suppressed evidence gathered at the traffic stop. Rojas-Millan contends: (1) that Marshall improperly stopped his vehicle without probable cause or reasonable suspicion; (2) that Marshall improperly detained him without adequate reasons; and (3) that Marshall improperly searched his car without his consent. We review de novo the district court’s ultimate finding of reasonable suspicion or probable cause supporting a search or seizure, but review underlying factual findings only for clear error. United States v. Lopez-Soto, 205 F.3d 1101, 1103 (9th Cir.2000). Determinations that consent to a search was voluntary are reviewed for clear error. See United States v. Cormier, 220 F.3d 1103, 1112 (9th Cir.2000) (noting that “consent is a question of fact, and its resolution depends upon the totality of the circumstances”).

A. The Stop

Traffic stops are seizures under the Fourth Amendment, so officers must have at least a reasonable suspicion of criminal misconduct before detaining a driver. Delaware v. Prouse, 440 U.S. 648, 653, 99 S.Ct. 1391, 59 L.Ed.2d 660 (1979). Reasonable suspicion, as this court recently affirmed, “is formed by specific, articulable facts which, together with objective and reasonable inferences, form the basis [469]*469for suspecting that the particular person detained is engaged in criminal activity.” Lopez-Soto, 205 F.3d at 1105 (citations and internal quotation marks omitted). Further, although “[a]n officer is entitled to rely on his training and experience in drawing inferences from the facts he observes, ... those inferences must also be grounded in objective facts and be capable of rational explanation.” Id. (citations and internal quotation marks omitted).

Marshall’s suspicion that RojasMillan’s plates might be fictitious became a reasonable basis for a traffic stop once he ran two checks on the number, both of which came up “no match.” A Nevada statute prohibits “any person” from displaying “any certificate of registration, license plate, certificate of ownership or other document of title knowing it to be fictitious or to have been canceled, revoked, suspended or altered.” Nev.Rev. Stat.

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Bluebook (online)
234 F.3d 464, 2000 Cal. Daily Op. Serv. 9754, 2000 U.S. App. LEXIS 31295, 2000 WL 1800123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-maurillo-rojas-millan-ca9-2000.