Court of Appeals for the Ninth Circuit July 25, 1990, 89-50589 (United States v. Robert Anthony Garcia)

NOONAN, Circuit Judge:

Robert Anthony Garcia entered a conditional plea of guilty to a charge of possession of counterfeit federal reserve notes, reserving his right to appeal the district court’s denial of his pretrial motion to suppress evidence. He also appeals his sentence. We affirm his conviction and reverse and remand for resentencing.

FACTS

On April 28, 1989 a little after 9:00 p.m.