Berber-Tinoco

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 06-50684 Plaintiff-Appellee, v.  D.C. No.

CR-06-00468-RTB

DAVID BERBER-TINOCO,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Southern District of California Roger T. Benitez, District Judge, Presiding

Argued and Submitted September 27, 2007—Pasadena, California

Filed December 19, 2007

Before: J. Clifford Wallace, Thomas G. Nelson, and Sandra S. Ikuta, Circuit Judges.

Opinion by Judge Ikuta

16531 16534 UNITED STATES v. BERBER-TINOCO

COUNSEL

James Fife, Federal Defenders of San Diego, Inc., San Diego, California, for the defendant-appellant.

David D. Leshner, Assistant United States Attorney, Office of the United States Attorney, San Diego, California, for the plaintiff-appellee. UNITED STATES v. BERBER-TINOCO 16535

OPINION

IKUTA, Circuit Judge:

We consider the challenge brought by David Berber- Tinoco to the district court’s denial of his motion to suppress. Berber sought to suppress his statements and fingerprints which were taken pursuant to an arrest by Border…