Ruvalcaba

MEMORANDUM **

Juan Gabriel Ruvalcaba appeals his conviction for importation of marijuana in violation of 21 U.S.C. §§ 952 , 960. We affirm. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.

The sole issue in this appeal is whether the district court erred in denying Ruvalcaba’s motion to suppress evidence — consisting of 21.02 kilograms of marijuana— obtained at a search at the United States/Mexico border.

In determining whether a border search is so unreasonably destructive or offensive to require reasonable suspicion, we consider: “(1) Did the search damage the vehicle in a manner that affected the vehicle’s safety or operability, and (2) Was the search conducted in a particularly offensive manner.” United States v. Cortez-Rivera, 454 F.3d 1038, 1042 (9th Cir.2006). Ruvalcaba alleges on appeal that customs agents ripped apart the back seat of his car, affecting its safety and operability, without reasonable suspicion. If true, then the search would be problematic, as the government properly conceded at oral argument. However, the district court made specific factual findings supported by the record that the…