Delgado

MEMORANDUM *

Defendant-appellant Jesus Alfonso Delgado (“Delgado”), convicted of possession of marijuana with intent to distribute, appeals the denial of his motion to suppress the evidence against him. Delgado argues that the border patrol agent who stopped his truck lacked reasonable suspicion to do so. Delgado also attacks his sentence under United States v. Booker, — U.S. -, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). We affirm the conviction and grant a limited remand under United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc).

Border Patrol Agent Olivas (and by association, Agent Diaz) had reasonable suspicion to stop Delgado. Olivas saw Delgado’s truck, driving in tandem with another vehicle, stop so the driver could let some air out of the tires and attach antenna flags to the truck, drive out onto the sand dunes just miles from the international border in an area known for smuggling activity, and return thirty minutes later with a black tarp over the originally-empty truck bed. Delgado points out that any of these factors — the presence of a tarp, tan *89 dem driving, the length of time on the dunes, the high crime area, and the proximity to the border — is…