U.S. v. Montero-Camargo

Full title: UNITED STATES OF AMERICA, Plaintiff-Appellee, v. GERMAN ESPINOZA…

Court: United States Court of Appeals, Ninth Circuit

Date published: Aug 25, 1999

183 F.3d 1172 (9th Cir. 1999)

Opinion

Nos. 97-50643, 97-50645

August 25, 1999

Appeals from the United States District Court for the Southern District of California, Irma E. Gonzalez, District Judge, Presiding, D.C. No. CR-96-2233-2-IEG.

Before: Alex Kozinski and Diarmuid F. O'Scannlain, Circuit Judges, and Frank C. Damrell, Jr.,^_ District Judge.

_ The Honorable Frank C. Damrell, Jr., United States District Judge for the Eastern District of California, sitting by designation.

ORDER

The slip opinion ("slip op.") filed May 13, 1999 is amended as follows:

1. At slip op. 4466, lines 22-23 of the text, delete "driving and the ethnicity of the occupants;" and replace with "driving, Mexicali license plates, the Hispanic appearance of the occupants,¹ and". Renumber subsequent footnotes.

1 Border Patrol agents may consider the Hispanic appearance of a motorist, but this fact alone does not justify an investigatory stop. See Brigoni-Ponce, 422 U.S. 886-87 ("The likelihood that any given person of Mexican ancestry is an alien is high enough to make Mexican appearance a relevant factor, but standing alone it does not justify stopping all Mexican-Americans to ask if they are aliens.").

2. At slip op. 4466, line 29 of the text, insert"," between "Garcia-Barron" and "116".