Hernandez

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 04-50286 Plaintiff-Appellee, v.  D.C. No.

CR-03-03501-MJL

ARTURO HERNANDEZ,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Southern District of California M. James Lorenz, District Judge, Presiding

Argued and Submitted June 10, 2005—Pasadena, California

Filed September 14, 2005

Before: Betty B. Fletcher, Pamela Ann Rymer, and Raymond C. Fisher, Circuit Judges.

Opinion by Judge B. Fletcher

13233 UNITED STATES v. HERNANDEZ 13235

COUNSEL

Lori B. Schoenberg, Assistant Federal Public Defender, San Diego, California, for the appellant.

Mark R. Rehe, Assistant United States Attorney, San Diego, California, with Patrick K. O’Toole, Assistant United States Attorney, San Diego, California, on the brief for the appellee.

OPINION

B. FLETCHER, Circuit Judge:

Appellant Arturo Hernandez appeals from his conditional- plea conviction for importation of marijuana in violation of 18 U.S.C. §§ 952 and 960. Hernandez contends that border agents conducted an unreasonable search of his vehicle…