United States v. Jose Gonzalez-Fernandez

5 F.3d 541 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose GONZALEZ-FERNANDEZ, Defendant-Appellant. No. 92-50597. United States Court of Appeals, Ninth Circuit. Submitted Aug. 6, 1993. * Decided Aug. 18, 1993. Appeal from the United States District Court for the Southern District of California; No. CR-91-0615-01-B, Rudi M. Brewster, District Judge, Presiding. S.D.Cal. AFFIRMED. Before: BROWNING, FARRIS AND KELLY ** , Circuit Judges. 1 MEMORANDUM *** 2 The district court denied Jose Gonzalez-Fernandez's motion to suppress evidence seized by border agents at a fixed checkpoint. He was convicted of conspiracy to distribute heroin and possession of heroin with intent to distribute. Gonzalez-Fernandez appeals. 3 Gonzalez-Fernandez argues that his referral to the secondary immigration checkpoint constituted an arrest for which probable cause was necessary. He failed to raise the argument at trial. We review for plain error.…