Court of Appeals for the Ninth Circuit January 9, 2003, No. 01-50378; D.C. No. CR-00-00481-RMT (United States v. Saldana)

MEMORANDUM **

Nicolas A. Saldana appeals the district court’s denial of his motion to suppress and raises an Apprendi challenge to the constitutionality of 21 U.S.C. § 841. Because we conclude that Officer Carrera lacked reasonable suspicion to stop Salda-na on the basis of lane straddling or driving under the influence, we reverse the district court’s denial of Saldana’s motion to suppress.