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U.S. v. GUZMAN-PADILLA

Nos. 08-50114, 08-50118.

573 F.3d 865 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel GUZMAN-PADILLA, Defendant-Appellant, and Juan Vasquez-Rosales, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 23, 2009.

Attorney(s) appearing for the Case

Karen P. Hewitt, U.S. Atty., and Mark R. Rehe, Asst. U.S. Atty., San Diego, CA, for Plaintiff-Appellee.

Shaun Khojayan (argued), San Diego, CA, for Defendant-Appellant Juan Vasquez-Rosales.

Janet C. Tung (briefed) and Ellis M. Johnston, III (argued), Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant Daniel Guzman-Padilla.

Before HARRY PREGERSON and DAVID R. THOMPSON, Circuit Judges, and JEREMY FOGEL, District Judge.

FOGEL, District Judge:

Daniel Guzman-Padilla ("Guzman") and Juan Vasquez-Rosales ("Vasquez") (collectively, "Appellants") appeal the district court's denial of their motions to suppress evidence discovered during a stop and search of their vehicle by U.S. Border Patrol agents on February 4, 2007 near the border between the United States and Mexico. Believing that Appellants' vehicle recently had crossed the border and was carrying contraband, Border Patrol Agent Marc...

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