Rodriguez
United States v. Rodriguez
Opinion
Lead Opinion
MEMORANDUM **
Rodriguez appeals from a judgment of conviction and sentence for one count of importation of marijuana ( 21 U.S.C. §§ 952 , 960) and for one count of possession of marijuana with intent to distribute ( 21 U.S.C. § 841 (a)(1)). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm in part and remand in part.
We have repeatedly held in border cases that the routine handcuffing of a detainee as a safety precaution while escorting him *994 to the security office, even when combined with the frisking of the detainee, does not convert a reasonable detention into an unreasonable detention or an illegal arrest. E.g., United States v. Nava, 363 F.3d 942 (9th Cir.2004), cert. denied, — U.S. — —, 125. S.Ct. 439, 160 L.Ed.2d 347 (2004); United States v. Hernandez, 322 F.3d 592 (9th Cir.2003) (as amended); United States v. Zaragoza, 295 F.3d 1025 (9th Cir.2002), cert. denied, 538 U.S. 956 , 123 S.Ct. 1651 , 155 L.Ed.2d 506 (2003); United States v. Bravo, 295 F.3d 1002 (9th Cir. 2002), cert. denied, 538 U.S. 971 , 123 S.Ct. 1775 , 155 L.Ed.2d 530 (2003). These cases control our decision here. Rodriguez’s detention was reasonable.