Brynjolfson
United States v. Brynjolfson
Opinion
Lead Opinion
MEMORANDUM *
Defendants pleaded guilty to conspiracy to distribute marijuana. Defendant Brynjolfson was sentenced to twelve months and one day of imprisonment, and defendant Lord to eighteen months. Defendant Brynjolfson completed his sentence and was deported prior to this appeal. Defendant Lord has also been deported. Because defendants appeal their convictions as well as their sentences, this appeal is not moot. See United States v. Palomba, 182 F.3d 1121 , 1123 n. 3 (9th Cir.1999) (“Although there is no standing to challenge an improper but completed sentence when only the length of the sentencing is at issue, there is a presumption of collateral consequences sufficient for standing if the correctness of the conviction is at issue”).
Defendants allege that the border patrol agents and police officer did not have reasonable suspicion to stop their vehicle. Whether reasonable suspicion exists is reviewed de novo on appeal. See Ornelas v. United States, 517 U.S. 690, 699 , 116 S.Ct. 1657 , 134 L.Ed.2d 911 (1996). The underlying factual findings are reviewed for clear error. United States v. Lopez-Soto, 205 F.3d 1101, 1103 (9th Cir.2000).