Hernandez-Acuna

Oscar Hernandez-Acuna appeals his conviction and sentence for conspiracy and possession of marijuana with the intent to distribute. The issue is whether the district court’s rejection of the magistrate judge’s recommendation to suppress evidence without conducting its own evidentiary hearing violated due process. In this case, even if the court should have held a de novo hearing, the same witnesses who testified before the magistrate judge at the suppression hearing testified at trial about why they stopped and searched Hernandez-Acuna’s car. Hernandez-Acuna asked the court to consider its ruling again after the close of evidence. In these circumstances, we conclude that remand for another hearing is not required. Accordingly, we affirm.

I

On the night of February 19, 2005, Border Patrol Agents John Howard, Luis San-tiesteban, and Anthony Ortiz were stationed in two marked vehicles next to State Road 83 near Vail, Arizona, on the lookout for smugglers. Howard and San-tiesteban testified at the suppression hearing and at trial that they saw a sedan and a pickup truck approaching their position; they believed the two vehicles were driving in tandem; they noticed that both vehicles…