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U.S. v. FUENTES-CARIAGA

No. 99-50222.

209 F.3d 1140 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Ruben FUENTES-CARIAGA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 17, 2000.

Attorney(s) appearing for the Case

Joseph J. Burghardt, Federal Defenders of San Diego, Inc., San Diego, California, for the defendant-appellant.

George D. Hardy, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

Before: RYMER and FISHER, Circuit Judges, and GEORGE, District Judge.

RYMER, Circuit Judge:

Anticipating testimony by an Immigration and Naturalization Service inspector that Ruben Fuentes-Cariaga looked nervous when he was stopped at the border and that his nervousness was an important factor in referring him to secondary, Fuentes-Cariaga sought to present evidence by a non-percipient INS inspector that she would not infer consciousness of guilt from a driver's nervousness, as people crossing the border can be nervous because they...

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