Tallabas

United States v. Tallabas

Good Law
310 F. App'x 71
United States Court of Appeals for the Ninth CircuitAugust 15, 2008No. 07-10405California891 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant-Appellant Johnny Felix Tal-labas appeals his conviction by a jury for the illegal transportation of aliens for profit in violation of 8 U.S.C. § 1324 (a)(l)(A)(ii), (a)(l)(B)(i). Tallabas contends that the trial court erred in denying his motion to suppress evidence. He alleges that the evidence resulted from an *73 illegal stop that lacked reasonable suspicion.

Tallabas also argues that the district court erred in its sentencing determination because: 1) it failed to grant a two-level downward departure for minor participation pursuant to § 3B1.2(b) of the U.S. Sentencing Guidelines; 2) it failed to grant a two-level downward departure for acceptance of responsibility pursuant to § 3El.l(a); and 3) its determination was proeedurally unreasonable. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm both the denial of the suppression motion and the sentencing determination.

The reasonable suspicion inquiry is a mixed question of law and fact that we review de novo. United States v. Manzo-Jurado, 457 F.3d 928, 934 (9th Cir.2006). We review the district court’s findings of fact for clear error, United States v. Lopez-Soto, 205 F.3d 1101, 1103…

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