United States v. Zosimo Fernando Cortes

967 F.2d 592 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Zosimo Fernando CORTES, Defendant-Appellant. No. 91-50734. United States Court of Appeals, Ninth Circuit. Submitted June 5, 1992. * Decided June 18, 1992. Before WALLACE, Chief Judge, and BRUNETTI and FERNANDEZ, Circuit Judges. MEMORANDUM 1 Cortes appeals from his conviction, subsequent to his conditional guilty plea, for possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm. 2 Cortes moved to suppress the marijuana found in his trunk, arguing that under United States v. Martinez-Fuerte, 428 U.S. 543 (1976), motorists may be stopped at checkpoints only for questioning regarding immigration status, and once agents have verified the legality of that status they must let the motorists proceed. The district court denied the motion, finding…