Gonzalez-Chavarin

MEMORANDUM **

Jorge Gonzalez-Chavarin (“GonzalezChavarin”) appeals his sentence and judgment after conditionally pleading guilty to the transportation of illegal aliens, in violation of 18 U.S.C. § 1324 (a)(l)(A)(ii).

The district court properly denied Gonzalez-Chavarin’s motion to suppress the fruits of the Border Patrol Agents’ investigatory stop, as the stop was based on reasonable suspicion. See United States v. Olafson, 213 F.3d 435, 439-40 (9th Cir.) cert. denied 531 U.S. 914 , 121 S.Ct. 269 , 148 L.Ed.2d 195 (2000)(observing heavy-laden appearance of van could support reasonable suspicion that it contained illegal aliens when viewed in light of other available evidence); see also United States v. Garcia-Barron, 116 F.3d 1305, 1308 (9th Cir.1997) (holding reasonable suspicion existed when persons in the van ducked “out of sight, apparently hiding”; the van was in an area and at a time known by officers to be used by alien smugglers to avoid a checkpoint; and was rented from the same agency as another vehicle suspected of being a scout vehicle).

The district court also did not err in sentencing Gonzalez-Chavarin. The district court’s interpretation of the United States…