United States v. Miguel Garibay

MEMORANDUM

Miguel Angel Garibay appeals his conviction following a conditional guilty plea to charges related to possession of raeth-amphetamine with the intent to distribute, in violation of 21 U.S.C. § 841 . We affirm.

The Border Patrol Agents’ decision to detain Garibay was supported by reasonable suspicion to believe that Garibay was engaged in criminal activity. See United States v. Arvizu, 584 U.S. 266 , 122 S.Ct. 744 , 151 L.Ed.2d 740 (2002). Agent Ballow, whom the district court found credible, testified that he relied on the following factors in deciding to approach and stop Garibay: (1) the presence of Garibay’s vehicle in an area known for drug smuggling, near the border, and at a gas station located at the last exit before a Border Patrol checkpoint; (2) the vehicle’s clean and empty appearance, with Mexican license plates; (3) the information from the records cheek, which included numerous instances of the vehicle entering the United States and being sent to secondary inspection, and at least once due to the nervous behavior of its driver; (4) Garibay’s attempt to pay for an energy drink with a $100 bill and not possessing any smaller bills; (5) Garibay’s answer of…