United States v. Raul Solis-Estrada

62 F.3d 1426 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Raul SOLIS-ESTRADA Defendant-Appellant. No. 94-50341. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 7, 1995. Decided July 27, 1995. Before: McKay, * Reinhardt, and Fernandez, Circuit Judges. 1 MEMORANDUM ** 2 Solis-Estrada appeals from his conviction under 8 U.S.C. Sec.1326 (b)(2) for reentry after deportation subsequent to an aggravated felony conviction. He challenges the district court's failure to suppress his incriminating statements made during an investigatory stop, and the jury instructions which had the effect of removing a factual element of the charged offense from the jury. Although we find that the refusal to suppress statements was not error, we reverse on the ground of the erroneous jury instructions and remand for a new trial. I. The Suppression Motion 3 Two San Diego border patrol agents were on duty in their marked…