United States v. Ismael Enciso

1 F.3d 1247 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ismael ENCISO, Defendant/Appellant. No. 92-50606. United States Court of Appeals, Ninth Circuit. Submitted July 16, 1993. * Decided July 30, 1993. Before GIBSON, ** HALL and KLEINFELD, Circuit Judges. 1 Ismael Enciso appeals his conviction and sentence for importing, and possessing with intent to distribute, marijuana. We affirm. I. FACTS 2 At approximately 10:30 p.m. on February 18, 1992, Enciso drove a 1984 Chevrolet pick-up truck to the San Ysidro Port of Entry. He told the inspector the truck belonged to his uncle and that he was going to Chula Vista, California, to fill the truck with gasoline. For a variety of reasons not germane to this case, the inspector's suspicions were aroused, so he escorted Enciso and the truck to a secondary inspection. At this inspection, a dog trained to detect the odor of narcotics was used. Initially, the dog failed to alert its…