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United States Ninth Circuit


US v. Abbouchi, 05-50962

In the context of customs officials' border search authority and the reasonable suspicion requirement, customs inspections conducted at UPS regional sorting hubs take place at the functional equivalent of the border. Defendant's convictions for transferring false identification documents are affirmed, but the sentence vacated where: 1) customs officers did not need reasonable suspicion to open and inspect the contents of defendant's randomly selected package intended for overseas delivery; 2) sufficient evidence established that social security cards are "identification documents" for purposes of the statute of conviction; and 3) the district court plainly erred in requiring defendant to participate in a domestic violence treatment program while on supervised release.

Appellate Information

  • Argued 10/18/2006
  • Decided 07/13/2007
  • Published 07/13/2007

Judges

  • Before:  HARRY PREGERSON, RONALD M. GOULD, and RICHARD R. CLIFTON, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellees:
  • Gail Ivens, Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant., Douglas M. Fuchs, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee.
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