United States v. Luis Calderon-Quinonez

Luis Enrique Calderon-Quinonez (“Calderon”) was found guilty of importation of cocaine and possession of cocaine with intent to distribute after a stipulated-facts bench trial. The district court sentenced Calderon to a 97-month term of imprisonment, five years of supervised release, fined him $808 and added a special assessment of $200. Calderon appeals the denial of his motion to suppress, as well as two aspects of his sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

The district court did not err in denying Calderon’s motion to suppress. The record does not support Calderon’s contention that the district judge acted as a witness in violation of Federal Rule of Evidence 605. Furthermore, denial was proper because Calderon’s arrest and the search and seizure that followed it were supported by probable cause. The first search of Calderon’s vehicle upon his arrival at the Port of Entry in Calexico, California, was a proper border search. See United States v. Kessler, 497 F.2d 277, 279 (9th Cir.1974) (“[A] car and its passengers are subject to search without probable cause upon their entry to this country.”). As a result of this…