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U.S. v. HERNANDEZ-LOPEZ

No. CR 10-0769 JB.

761 F.Supp.2d 1172 (2010)

UNITED STATES of America, Plaintiff, v. Roberto Javier HERNANDEZ-LOPEZ, Defendant.

United States District Court, D. New Mexico.

December 7, 2010.

Attorney(s) appearing for the Case

Kenneth J. Gonzales , United States Attorney, Norman Cairns , Assistant United States Attorney, Albuquerque, NM, Plaintiff,

Brian A. Pori , Assistant Federal Public Defender, Albuquerque, NM, for Defendant.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Defendant's Motion to Suppress, filed April 28, 2010 (Doc. 21) ("Motion"). The Court held an evidentiary hearing on August 13, 2010. The primary issues are: (i) whether United States Border Patrol Agent Rodolfo Gutierrez, Jr. had reasonable suspicion to stop the Dodge sedan in which Defendant Roberto Javier Hernandez-Lopez was a passenger...

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