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U.S. v. CLEMENTE E.

No. 03-2243.

392 F.3d 1164 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. CLEMENTE E. (juvenile male), Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 21, 2004.

Attorney(s) appearing for the Case

Steve G. Sosa, Assistant Federal Public Defender, Las Cruces, NM, for Defendant-Appellant.

Laura Fashing, Assistant United States Attorney (David C. Iglesias, United States Attorney, with her on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before HENRY, LUCERO, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

The issue in this case is whether a motorist who runs a stop sign at an immigration checkpoint drives "in excess of the legal speed limit" under federal law. 18 U.S.C. § 758. We hold that running a stop sign is not speeding, and therefore reverse the district court.

Background

Clemente E. is a juvenile who was attempting to transport six illegal aliens in the back of his pickup through a New Mexico immigration...

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