Flores-Barajas

United States v. Flores-Barajas

Good Law
98 F. App'x 600
United States Court of Appeals for the Ninth CircuitApril 29, 2004No. 03-50445; D.C. No. CR-03-00737-BTMCalifornia674 words

Opinion

Lead Opinion

MEMORANDUM **

Alfredo Flores-Barajas appeals from his jury conviction for importing into the United States and possessing with intent to distribute 44.34 kilograms (97.55 pounds) of marijuana in violation of 21 U.S.C. §§ 952 , 960, and 841(a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I

This case arises from Flores-Barajas’s attempt to enter the country at the Calexico West Port of Entry. Flores-Barajas was detained and his car searched when Inspector Valenzuela, alerted to the car by a drug detection dog, noticed that the floor of the car was abnormally high. The search uncovered the marijuana that supports his conviction.

*602 Flores-Barajas argues that the district court erred by refusing to allow discovery of the training records of the dog that alerted officials to his car, and by refusing to suppress both the marijuana found in his car as well as a post-arrest confession. In addition, he argues that the statutes of conviction are unconstitutional.

II

We review a district court’s denial of discovery for an abuse of discretion. United States v. Cedano-Arellano, 332 F.3d 568, 570 (9th Cir.2003) (per curiam). Denial of a motion to suppress is…

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