United States v. William R. Wilson

William Ralph Wilson appeals his convictions and sentences following two jury trials. We affirm the convictions but remand for resentencing because the district court failed to state its reasons for sentencing Wilson at the top of the applicable guideline range.

FACTS AND PROCEEDINGS

At approximately 8:00 p.m. on July 29, 1991, United States Border Patrol Agent Teeple stopped a 1987 Pontiac Firebird at the San Clemente Border Patrol Checkpoint. The car was driven and owned by Mary Darlene Akin; Wilson was a passenger. Akin appeared to be extremely nervous and disoriented, and asked Agent Teeple why he had stopped the car. Agent Teeple noticed that Wilson was sitting hunched over in the passenger seat, staring straight ahead, holding his hands closely together in his lap, and moving his fingers in a fumbling motion. Wilson did not look at Agent Teeple when the agent questioned him. Based on Akin’s nervous behavior and Wilson’s peculiar conduct, Agent Teeple referred the car to secondary inspection.

In the secondary inspection area, Border Patrol Agent Kocan asked Akin and Wilson about their citizenship and ordered therm to get out of the car. About 15 seconds after the car…