Opinion
No. 11-50134 D.C. No. 3:10-cr-01112-BEN-1
02-10-2012
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ALEJANDRO MARTINEZ-CASTRO, Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Pasadena, California
Before: KOZINSKI, Chief Judge, O'SCANNLAIN and N.R. SMITH, Circuit Judges.
Alejandro Martinez-Castro stands convicted of illegal reentry in violation of 8 U.S.C. §§ 1326(a) and 1326(b). He appeals the district court's refusal to suppress evidence garnered from what he argues was an illegal stop. "[W]hen [a Customs and Border Patrol] officer's observations lead him reasonably to suspect that a particular vehicle may contain aliens who are illegally in the country, he may stop the car briefly and investigate the circumstances that provoke suspicion." United States v. Brignoni-Ponce, 422 U.S. 873, 881 (1975). Given the totality of circumstances, such reasonable suspicion existed here. See United States v. Garcia-Barron, 116 F.3d 1305, 1307 (9th Cir. 1997).
Even if there were no reasonable suspicion, Martinez-Castro would not be entitled to suppress the identity evidence to which he objects. See, e.g., United States v. Ortiz-Hernandez, 427 F.3d 567, 577 (9th Cir. 2005).
AFFIRMED.