United States v. Juan Vasquez-Rosales

BACKGROUND

Our decision today is informed to a significant degree by the unique geographic and topographical features of the southeast corner of Imperial County, California, where the events underlying these appeals occurred. Of particular importance are two valleys called the A-7 and the Buttercup. Each consists of a rugged floor lined by tall sand dunes, many of which themselves contain interior valleys or depressions. Both valleys run uninterrupted from Mexico to a public camp- site on the United States side of the border, where they con- verge. From that point, a paved road leads to Interstate 8. Border Patrol Agent Battaglini, a member of the Smuggler Targeting Action Team (“STAT”) who for six years has been deployed extensively in this part of the Imperial Sand Dunes, is intimately familiar with the local terrain. In his experience patrolling the area in a variety of transports ranging from all- terrain vehicles to Ford Expeditions such as the one driven by Appellants on the day in question, substantial vehicular modifications—such as elevated suspension systems or spe- cial “paddle tires”—are necessary to cross the dunes that abut either valley. Thus, “unmodified”…