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U.S. v. BERBER-TINOCO

No. 06-50684.

510 F.3d 1083 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. David BERBER-TINOCO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 19, 2007.

Attorney(s) appearing for the Case

James Fife, Federal Defenders of San Diego, Inc., San Diego, CA, for defendant-appellant.

David D. Leshner, Assistant United States Attorney, Office of the United States Attorney, San Diego, CA, for plaintiff-appellee.

Before: J. CLIFFORD WALLACE, T.G. NELSON, and SANDRA S. IKUTA, Circuit Judges.

IKUTA, Circuit Judge:

We consider the challenge brought by David Berber-Tinoco to the district court's denial of his motion to suppress. Berber sought to suppress his statements and fingerprints which were taken pursuant to an arrest by Border Patrol officers. Berber argues that the officers lacked reasonable suspicion to stop him, and also argues that we must reverse the district court's ruling due to misconduct by the district court judge during the suppression...

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