United States v. Stuart Reinhardt, United States of America v. Michael J. Palumbo, Jr.

980 F.2d 740 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Stuart REINHARDT, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Michael J. PALUMBO, Jr., Defendant-Appellant. Nos. 91-50561, 91-50562. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 6, 1992 Decided Nov. 25, 1992. Before BEEZER, KOZINSKI and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 The Border Patrol agents were entitled to refer the defendants to the secondary checkpoint even without any particularized suspicion. United States v. Martinez-Fuerte, 428 U.S. 543 (1976); United States v. Barnett, 935 F.2d 178, 181-82 (9th Cir.1991). Had defendants shown that the agents were looking only for drug violations, not immigration violations, the result might be different. Id. at 181 . But without some such evidence we won't infer the agents had an improper motivation. Id. 3 Reinhardt and Palumbo argue the agents should have…