United States v. Edwin Morales

Defendant Edwin Morales was convicted of possession of 2.27 kilograms of methamphetamine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1), and sentenced to 131 months in prison. The defendant challenges (1) the district court’s refusal to suppress the evidence seized at an immigration checkpoint; (2) the court’s refusal to grant him a two-point reduction in his sentence for acceptance of responsibility; and (3) the court’s refusal to depart downward on the ground that defendant’s conduct was a single instance of “aberrant behavior.” We affirm the conviction, but vacate the sentence and remand for resen-tencing.

I

On October 13, 1990, defendant was stopped at the San Clemente immigration checkpoint as he was driving north on Interstate Highway 5 near San Diego. Agent Briones, the immigration officer, noticed that defendant was sweating profusely, and that his car smelled of what Briones thought was fresh paint. Briones asked defendant to state his citizenship; defendant responded, with a heavy Latin accent, “I’m a United States, citizen,” and indicated that he was born in New York. Based on defendant’s accent and nervousness, Briones referred him to the secondary…