United States v. Scott Lyle Podergois

985 F.2d 576 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Scott Lyle PODERGOIS, Defendant-Appellant No. 92-50250. United States Court of Appeals, Ninth Circuit. Submitted Jan. 6, 1993. * Decided Jan. 27, 1993. Appeal from the United States District Court for the Southern District of California, No. CR-91-0835-B; Rudi M. Brewster, District Judge, Presiding. S.D.Cal. VACATED AND REMANDED. 1 Before CANBY and ALAN E. NORRIS, Circuit Judges, and TANNER, ** Senior District Judge. 2 Podergois appeals the imposition, under the Sentencing Guidelines, of a thirty month sentence for transporting an illegal alien. We vacate and remand for resentencing. 3 On September 5, 1991, the defendant approached the primary inspection lane at the San Clemente checkpoint driving a pickup truck. The Border Patrol agent on duty noticed a blue blanket behind the seat of the truck and therefore asked the defendant to proceed to the secondary…