Baltazar-Murrieta

*944 MEMORANDUM **

Jose Luis Baltazar-Murrieta was arrested when he drove a maroon 1988 Buick Regal concealing packages of marijuana across the Calexico, California Port of Entry on October 20, 2000. A jury convicted him of importing and possessing 39.82 kilograms of marijuana in violation of 21 U.S.C. §§ 952 , 960 and 841(a)(1). We reversed the district court’s denial of Baltazar-Murrieta’s motion to suppress and remanded for an evidentiary hearing to determine whether the search of Baltazar-Murrieta’s car was routine. See United States v. Baltazar-Murrieta, 35 Fed. Appx. 478 , 2002 WL 961819 (9th Cir.2002) (unpublished decision).

Baltazar-Murrieta was deported to Mexico on May 1, 2002, and was absent from the first scheduled hearing on July 29, 2002. The district court ordered defense counsel to make efforts to secure his client’s presence, but Baltazar-Murrieta was absent from the rescheduled hearing on September 20, 2002. The district court concluded that Baltazar-Murrieta had waived his right to be present at the evidentiary hearing and conducted the hearing in absentia. The court found that the search of Baltazar-Murrieta’s car was routine and affirmed his conviction and…