United States v. Nickolas Martinez, Jr.

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Nickolas MARTINEZ, Jr., Defendant-Appellant. No. 92-50264. United States Court of Appeals, Ninth Circuit. Submitted Jan. 6, 1993. * Decided Jan. 27, 1993. 1 Appeal from the United States District Court for the Southern District of California, No. CR 91-0793-RMB; Rudi M. Brewster, District Judge, Presiding. 2 S.D.Cal. 3 AFFIRMED. 4 Before CANBY and ALAN E. NORRIS, Circuit Judges, and TANNER, ** Senior District Judge. 5 MEMORANDUM *** 6 Martinez appeals the imposition, under the Guidelines, of a twenty-four month sentence for transporting illegal aliens. We affirm. 7 On August 27, 1991 the defendant was observed by Border Patrol agents driving a Pontiac Grand Prix at a high rate of speed in an area notorious for alien smuggling. The agents activated their red lights and siren and began to pursue the defendant. After traveling at excessive speed on several streets,…