United States v. Mario Alberto Vallejo

974 F.2d 1344 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mario Alberto VALLEJO, Defendant-Appellant. No. 91-50670. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 9, 1992. Decided Sept. 15, 1992. Before FARRIS, WIGGINS and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 Mario Alberto Vallejo appeals his convictions following a jury trial for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1) and for importing a firearm in violation of 18 U.S.C. § 922 (l). We reverse and remand for a new trial. BACKGROUND 3 Mario Alberto Vallejo was apprehended by United States Customs officers as he attempted to cross the border in his car from Mexico into the United States. The Customs officers had the car searched by a dog trained to detect contraband. While searching the front seat, the dog began scratching at the center console between the driver's and passenger's seats. A…