United States v. Israel Hernandez-Arce

977 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Israel HERNANDEZ-ARCE, Defendant-Appellant. No. 91-50584. United States Court of Appeals, Ninth Circuit. Submitted June 1, 1992. Submission Deferred June 17, 1992. Resubmitted Sept. 9, 1992. * Decided Oct. 20, 1992. 1 Before POOLE, BRUNETTI and FERNANDEZ, Circuit Judges 2 MEMORANDUM ** 3 Israel Hernandez-Arce (Hernandez) appeals his conviction and sentence for the transportation of unlawful aliens in violation of 8 U.S.C. § 1324 . Hernandez claims that the district court erroneously ruled that Hernandez waived his right to detain material witnesses and erroneously refused to hold an evidentiary hearing on Hernandez's motion to suppress evidence. Hernandez also argues that the district court erred by departing upward four levels based upon his high-speed flight from authorities. We affirm the conviction, vacate the sentence, and remand for resentencing.…