United States v. Jorge Luis Peinado-Leon

983 F.2d 1079 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jorge Luis PEINADO-LEON, Defendant-Appellant. No. 90-10455. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 13, 1992. Decided Dec. 29, 1992. Before SNEED, SCHROEDER and T.G. NELSON, Circuit Judges. ORDER 1 The Government's Petition for Rehearing is DENIED and the Memorandum disposition filed February 5, 1992, and order filed July 8, 1992 are each withdrawn. The attached Memorandum disposition will be filed in its stead. 2 MEMORANDUM * 3 Jorge Luis Peinado-Leon (Peinado) appeals his conviction for possession with intent to distribute approximately 120 kilos of marijuana in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(1)(B)(vii). Peinado alleges that the automobile search conducted by border patrol agents was unlawful and consequently the marijuana found pursuant to that search was inadmissible at trial. 4 On March 10, 1990,…