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U.S. v. PENA-MONTES

No. 08-2169.

589 F.3d 1048 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis PENA-MONTES, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 7, 2009.

Attorney(s) appearing for the Case

Stephen P. McCue, Federal Public Defender, Albuquerque, NM, for Defendant-Appellant.

Terri J. Abernathy, Assistant United States Attorney (Gregory J. Fouratt, United States Attorney, with her on the briefs), Office of the United States Attorney for the District of New Mexico, Las Cruces, NM, for Plaintiff-Appellee.

Before LUCERO, MURPHY, and O'BRIEN, Circuit Judges.

LUCERO, Circuit Judge.

This Fourth Amendment appeal arises from a traffic stop in Albuquerque, New Mexico. In the course of that stop, a police officer questioned Appellant Jose Luis Pena-Montes, the vehicle's passenger. This led to his arrest and the discovery that Pena-Montes had been previously removed from the United States after a felony conviction. See 8 U.S.C. § 1326(a), (b). Although the officer initiated the stop based on the reasonable belief...

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