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United States v. German Espinoza Montero-Camargo, United States of America v. Lorenzo Sanchez-Guillen

Court of Appeals for the Ninth Circuit · 97-50643 · 1999-08-25 · Published

Proceeding
appeal
Trial court
United States District Court for the Southern District of California
Trial judge
Irma E. Gonzalez (district judge)
Area
civil

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

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

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. GERMAN ESPINOZA MONTERO-CAMARGO, Defendant-Appellant.

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. LORENZO SANCHEZ-GUILLEN, Defendant-Appellant.

No. 97-50643, No. 97-50645

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Argued and Submitted December 10, 1998--Pasadena, California August 25, 1999 1 Appeals from the United States District Court for the Southern District of California Irma E. Gonzalez, District Judge, Presiding. D.C. Nos. CR-96-2233-1-IEG, CR-96-2233-2-IEG.

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

ORDER

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

4 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,[FN1] and". Renumber subsequent footnotes.

5 [FN1]. 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").

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

Notes:

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