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U.S. v. QUINTANA

No. 09-2749.

623 F.3d 1237 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Fidel Diaz QUINTANA, also known as Saul Rojo-Flores, also known as Miguel Martinez-Gonzales, also known as Miguel Joe Martinez, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 28, 2010.

Attorney(s) appearing for the Case

Timothy J. Langley , AFPD, argued, Sioux Falls , SD, William D. Schmidt , AFPD, on the brief, Bismarck, ND, for Plaintiff-Appellee.

David D. Hagler , AUSA, argued, Bismarck, ND, for Defendant-Appellant.

Before RILEY, Chief Judge, LOKEN and MURPHY, Circuit Judges.

LOKEN, Circuit Judge.

Fidel Diaz-Quintana conditionally pleaded guilty to re-entry by a deported alien following an aggravated felony conviction. See 8 U.S.C. § 1326(a) & (b)(2). Diaz-Quintana appeals the district court's denial of his motion to suppress, arguing that his lengthy detention following a traffic stop violated the Fourth Amendment because immigration officials may only "briefly detain [an alien] for questioning" when they have reasonable...

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