UNITED STATES v. CORTEZ

Nos. 77-1987, 77-1951.

595 F.2d 505 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus E. CORTEZ, a/k/a Jesus E. Cortez-Espinoza, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Pedro HERNANDEZ-LOERA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

April 19, 1979.


Attorney(s) appearing for the Case

Tom O'Toole, Tucson, Ariz., for defendants-appellants.

Michael D. Hawkins, Tucson, Ariz., for plaintiff-appellee.

Before CHAMBERS and HUG, Circuit Judges, and FERGUSON, District Judge.


HUG, Circuit Judge:

Jesus E. Cortez-Espinoza (Cortez) and Pedro Hernandez-Loera (Hernandez) appeal from convictions for knowing transportation of illegal aliens, 8 U.S.C. § 1324(a)(2), contending that the evidence used against them was the product of an illegal vehicle stop by border patrol officers and should have been suppressed. We agree and therefore reverse.

In late December, 1976, border patrol officers found, in the southern Arizona desert, human...

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