United States v. Anaya
Opinion of the Court
MEMORANDUM
Defendant Moisés Anaya appeals his conviction, challenging the district court’s decisions denying his pre-trial motions to suppress the drugs found during a border search in a tire stored in the trunk of the car he was driving and the statements he made during the interrogation that followed his arrest. We conclude that the district court did not err in denying Ana-ya’s pre-trial suppression motions and affirm the conviction.
Even if reasonable suspicion was required to justify the search, we conclude the district court correctly found that the border agent had the requisite reasonable suspicion of illegal activity to cut open the tire in Anaya’s trunk. The tire was exceptionally heavy and sounded solid when tapped. See United States v. Bravo, 295 F.3d 1002, 1007-08 (9th Cir. 2002) (holding there was reasonable suspicion under analogous circumstances). Because the border agent had a reasonable suspicion that contraband was hidden in the tire before cutting it open, we affirm the district court’s denial of Anaya’s motion to suppress the drugs found in his car.
We likewise affirm the district court’s denial of Anaya’s motion to suppress statements made during his interrogation at the border. Although it is somewhat unclear when the interrogating agent discussed with Anaya what he could expect when he appeared before a magistrate judge the following day, what the agent said did not render the substantively and procedurally adequate Miranda warnings Anaya re
In addition, Anaya challenges his sentence under Blakely v. Washington, — U.S.-, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). We remand the sentence for reconsideration in light of United States v. Booker, — U.S.-, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).
CONVICTION AFFIRMED; REMANDED WITH INSTRUCTIONS.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee v. Moises ANAYA, Defendant—Appellant
- Status
- Published