FILED NOT FOR PUBLICATION OCT 28 2019 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 18-30142

Plaintiff-Appellee, D.C. No. 1:17-cr-00036-SPW-2 v.

LUIS JAVIER GASPAR, MEMORANDUM*

Defendant-Appellant.

UNITED STATES OF AMERICA, No. 18-30177

Plaintiff-Appellee, D.C. No. 1:17-cr-00036-SPW-1 v.

FRANCISCO CALDERON,

Defendant-Appellant.

Appeal from the United States District Court for the District of Montana Susan P. Watters, District Judge, Presiding

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Submitted October 23, 2019** Portland, Oregon

Before: FARRIS, BEA, and CHRISTEN, Circuit Judges.

Appellants Luis Gaspar and Francisco Calderon appeal the district court’s

denial of their joint motion to suppress evidence obtained by police during a traffic

stop. They argue the traffic stop, for following another vehicle too closely in

violation of Montana Code Annotated § 61-8-329, was improper because the law is

unconstitutionally vague. Even if the stop had been unconstitutional, however, the

discovery of valid arrest warrants for both Appellants was “a sufficient intervening

event to break the causal chain between the unlawful stop and the discovery of

[the] evidence.” Utah v. Strieff, 136 S. Ct. 2056, 2061, 195 L. Ed. 2d 400 (2016).

AFFIRMED.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 2