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U.S. v. MONTERO-CAMARGO

Nos. 97-50643, 97-50645.

208 F.3d 1122 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. German Espinoza MONTERO-CAMARGO, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Lorenzo Sanchez-Guillen, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 13, 1999

Amended August 25, 1999

Rehearing Granted and Opinion Withdrawn October 25, 1999

Argued and Submitted December 16, 1999

Filed April 11, 2000

Attorney(s) appearing for the Case

Stephen Hubachek, Assistant Federal Public Defender, San Diego, California, for defendant-appellant Lorenzo Sanchez-Guillen. Harold G. Murray, San Diego, California, for defendant-appellant German Espinoza Montero-Camargo.

Bruce Castetter, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

Before: HUG, Chief Judge, BROWNING, PREGERSON, REINHARDT, KOZINSKI, T. G. NELSON, KLEINFELD, HAWKINS, THOMAS, SILVERMAN, and McKEOWN, Circuit Judges.

Rehearing En Banc Granted and Opinion Withdrawn October 25, 1999

REINHARDT, Circuit Judge:

The question before us is whether Border Patrol agents had reasonable suspicion to stop German Espinoza Montero-Camargo and Lorenzo Sanchez-Guillen. The defendants, who were driving separate automobiles in tandem, made U-turns on a highway at the only place where the view of the agents manning a permanent stationary checkpoint was obstructed. Following the turns, the...

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