United States v. Alonso Ortega-Castillo

MEMORANDUM

1.We reject Alonso Ortega-Castillo’s argument that Border Patrol Agent Belen lacked reasonable suspicion to stop Ortega-Castillo’s work truck. The record clearly demonstrates that Ortega-Castillo’s truck was already stopped when Agent Belen parked behind the truck, which means that a Fourth Amendment stop did not occur and thus reasonable suspicion was unnecessary. See United States v. Al Nasser, 555 F.3d 722, 729-30 (9th Cir. 2009). The district court did not provide detailed factual findings on this point, see Fed.R.Crim.P. 12(d), but Ortega-Castillo has not pointed to any factual dispute that would necessitate a remand. See Fed. R.Crim.P. 52. Moreover, even if Ortega-Castillo could show a Fourth Amendment violation, his identity would not be suppressible. United States v. Garcia-Beltran, 443 F.3d 1126, 1132-33 (9th Cir. 2006).

2. Based on the evidence presented at trial, a reasonable jury could have found beyond a reasonable doubt that Ortega-Castillo was “found in” the United States. See United States v. Quintana-Torres, 235 F.3d 1197, 1199-1200 (9th Cir.2000). Specifically, Ortega-Castillo admitted at the time of his arrest that he was living in Yuma, Arizona,…