UNITED STATES of America, Plaintiff-Appellee, v. Bulmaro TORRES-SANCHEZ, Defendant-Appellant

Good Law
83 F.3d 1123·96 Daily Journal DAR 8617·1996 WL 243008·1996 U.S. App. LEXIS 11186·96 Cal. Daily Op. Serv. 3366
United States Court of Appeals for the Ninth CircuitMay 13, 199695-10209California3,458 words

Opinion

Opinion

Merhige, J.

Bulmaro Torres-Sanchez (“Sanchez”) appeals his jury conviction for possession with intent to distribute methamphetamine, 21 U.S.C. § 841 (a)(1), and travelling in interstate commerce in aid of racketeering, 18 U.S.C. § 1952 (a)(3). We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 1294(i). We AFFIRM.

I.

On November 24, 1994, at approximately 6:30 a.m., Elko County, Nevada, Deputy Sheriff Ernie Sardella (“Sardella”) initiated a traffic stop on a Chevrolet pickup truck trav-elling near the Idaho/Nevada border. He stopped the truck for speeding, having no license plates, and having illegally tinted side windows.

Sardella made initial contact with the driver, co-defendant Avila-Soriano (“Avila”). Also in the vehicle were Sanchez, located in the front passenger seat, and Virginia Padilla (“Padilla”), seated in the back of the extended cab truck. Sardella first asked Avila for his driver’s license and registration. Avila presented a valid driver’s license, but neither he nor any of the other occupants produced valid registration. Therefore, Sardella was concerned that the truck may have been stolen or was being unlawfully used.

Sardella claims that Avila was extremely nervous…

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