Hernandez

MEMORANDUM **

Alejandro Hernandez appeals the district court’s denial of his motion to suppress the fruits of a Customs Inspector’s search of the gas tank of Hernandez’s vehicle following which Hernandez entered a conditional guilty plea to importation of marijuana ( 21 U.S.C. §§ 952 , 960) and aiding and abetting ( 18 U.S.C. § 2 ).

Hernandez contends that the district court erred in finding that reasonable suspicion existed to justify the “non-routine” search of the gas tank. During the pendency of this appeal, the Supreme Court held that the government’s authority to conduct suspicionless inspections at the *593 border includes the authority to remove, disassemble, and reassemble a vehicle’s fuel tank. United States v. Flores-Montano, - U.S. -, -, 124 S.Ct. 1582, 1587 , 158 L.Ed.2d 311 (2004). The search of Hernandez’s gas tank was therefore lawful and the district court properly denied the suppression motion. United States v. Nava, 363 F.3d 942, 944-15 (9th Cir.2004) (applying Flores-Montano).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.