United States v. Cesar Juan

990 F.2d 1263 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Cesar JUAN, Defendant-Appellant. No. 91-10374. United States Court of Appeals, Ninth Circuit. Submitted Feb. 1, 1993. * Decided March 15, 1993. Before FLETCHER, REINHARDT and NOONAN, Circuit Judges. 1 MEMORANDUM ** OVERVIEW 2 Cesar Juan was tried in the District Court for the District of Arizona and convicted of 1) possession with intent to distribute over 100 kilograms of marijuana, and 2) conspiracy to possess and distribute same. Juan appeals on two grounds. First, he contends that the district court erroneously denied his motion to suppress evidence seized from his truck and from cars driven by codefendants Norris and Kirmen. Second, he contends that newly discovered evidence entitles him to a new trial. FACTUAL AND PROCEDURAL BACKGROUND 3 The San Miguel gate, located at the border between the United States and Mexico, is an unmarked, unmanned opening in a…