Cruz-Martinez
United States v. Cruz-Martinez
Opinion
Lead Opinion
MEMORANDUM **
Appellant Gerardo Cruz-Martinez (“Cruz-Martinez”) appeals his conviction, after a three day trial, for importing thirty-three kilograms of marijuana, a controlled substance pursuant to 21 U.S.C. §§ 952 and 960, and possessing marijuana with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm the conviction.
The issues before this court are whether the district court properly (1) determined that reasonable suspicion supported the search; (2) held that handcuffing and escorting Cruz-Martinez to the security office was not an arrest; (3) refused to conduct an evidentiary hearing; (4) admitted the contents of a custom agent’s notes (but not the notes themselves); and (5) instructed the jury on the drug charges.
1. Reasonable Suspicion Supported the Search
A district court’s determination that the government’s border search was legal is reviewed de novo. See United States v. Ani, 138 F.3d 390, 391 (9th Cir. 1998).
The Fourth Amendment generally prohibits warrantless searches without probable cause subject to a few narrow exceptions. United States v. Molina-Tarazon, 279 F.3d 709, 712 (9th Cir.2002).…