Reyes-Bosque

United States v. Reyes-Bosque

Good Law
463 F. Supp. 2d 1138·2006 WL 3431839·2006 U.S. Dist. LEXIS 84855
United States District Court, Southern District of CaliforniaNovember 21, 200605CR2239 BENCalifornia6,078 words

Opinion

Opinion

Benitez, J.

I. INTRODUCTION

Defendant Emilio Reyes-Bosque (“Reyes-Bosque”) moves to suppress evidence and statements collected by United States Border Patrol Agents on December 2, 2005 when they arrested him along with defendants Jose Luis Ramirez-Esqueda (“Ramirez-Esqueda”) and Jose Angel Rivas-Pozos (“Rivas-Pozos”) (collectively, “defendants”). The defendants are charged with six counts each of “bringing in aliens for financial gain” in violation of 8 U.S.C. § 1324 (a)(2)(B)® and aiding and abetting in violation of 8 U.S.C. § 2 ; and “harboring illegal aliens” in violation of 8 U.S.C. § 1324 (a)(l)(A)(iii) and aiding and abetting in violation of 8 U.S.C. § 1324 (a)(l)(A)(v)(II). Defendants Ramirez-Esqueda and Rivas-Pozos join the motions to suppress. On June 23, 2006, August 4, 2006 and October 26, 2006, an evidentiary hearing was held where the Court heard the testimony of several witnesses, as well as extensive arguments from counsel for the government and the defendants.

II. FACTS

On December 2, 2005, Border Patrol Agents observed two men and one woman walking on Main St. in Brawley, California. The individuals appeared to be lost and were walking aimlessly. When they saw the Border…

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