United States v. Samuel Ballesteros

41 F.3d 1514 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Samuel BALLESTEROS, Defendant-Appellant. No. 93-50783. United States Court of Appeals, Ninth Circuit. Withdrawn from Submission Sept. 12, 1994. Resubmitted * Oct. 20, 1994. Decided Nov. 10, 1994. Before: D.W. NELSON, NORRIS, and BOGGS ** , Circuit Judges. 1 MEMORANDUM *** 2 Defendant-Appellant Samuel Ballesteros ("Ballesteros") appeals his conviction following a conditional guilty plea to unlawful importation of heroin, 21 U.S.C. Sec. 952 (a). Ballesteros contends that the district court erred in holding that United States customs inspectors had "reasonable suspicion" to believe that he was an alimentary canal smuggler, and to detain him for a monitored bowel movement. Ballesteros also contends that the district court's finding that he consented to a rectal examination and the application of a local anesthetic, was clearly erroneous. 3 We affirm the district…