Moytez-Pineda

MEMORANDUM **

Pedro Moytez-Pineda appeals his convictions following a two-count indictment for: (1) importation of marijuana and aiding and abetting in violation of 21 U.S.C. §§ 952 , 960 and 18 U.S.C. § 2 ; and (2) possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm the judgment of the district court.

On September 20, 2006, the United States Border Patrol’s Smuggler Target Action Team (“STAT”) was conducting surveillance in the Buttercup Valley area of the Imperial Sand Dunes in a remote desert area in California. The' area is adjacent to the United States-Mexico International Boundary and is well known for drug smuggling. Only all terrain vehicles (“ATVs”) or similar sand-equipped vehicles can traverse most of the dunes. One of the agents testified that smugglers in the area of the sand dunes often “scout” for law enforcement vehicles and law enforcement officers. That afternoon, agents observed several vehicles circling the area by repeatedly driving back and forth on and off the eastbound and westbound lanes of Interstate 8, which is a point of access to the Buttercup Valley…