United States v. Alejandro Martinez-Castro

468 F. App'x 687

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 10, 2012
• Docket: 11-50134
• Status: Unpublished

Opinion

MEMORANDUM **

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. “[Wjhen [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, 95 S.Ct. 2574, 45 L.Ed.2d 607 (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.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.