United States v. Kaleena Morales

MEMORANDUM

Kaleena Leah Morales appeals her convictions for one count of conspiracy to transport aliens who unlawfully came to or entered the United States, see 8 U.S.C. §§ 1324 (a)(l)(A)(v)(I), (a)(l)(A)(ii) & (a)(l)(B)(i), and three counts of transporting those aliens, see 8 U.S.C. §§ 1324 (a)(1)(A)(ii) & (a)(l)(B)(i), in each case for private financial gain. We have jurisdiction under 28 U.S.C. § 1291 .

The district court did not err in denying Morales’s motion to suppress. Officer Kroeger’s decision to stop Morales was based on his observations that her truck was traveling below the average speed of traffic and that her windshield was cracked. These observations were sufficient to form a reasonable basis to suspect that Morales was violating Arizona Revised Statutes §§ 28-72RB) and 28-957.01. See United States v. Lopez-Soto, 205 F.3d 1101, 1104 (9th Cir.2000). Therefore, the investigatory stop of her vehicle was constitutional and suppression was not required.

The district court did not clearly err in denying Morales a downward adjustment for acceptance of responsibility under U.S.S.G. § 3E1.1. The court correctly acknowledged that Morales was still eligible for the…