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United States Ninth Circuit


US v. Berber-Tinoco, 06-50684

In a prosecution for unlawful re-entry into the U.S. after deportation, denial of defendant's motion to suppress statements and fingerprints which were taken pursuant to an arrest by Border Patrol officers is affirmed where: 1) there was reasonable suspicion for the stop; and 2) a judge's violation of Rule 605 of the Federal Rules of Evidence was harmless.

Appellate Information

  • Decided 12/19/2007
  • Published 12/19/2007

Judges

  • IKUTA, Circuit Judge:, Before:  J. CLIFFORD WALLACE, T.G. NELSON, and SANDRA S. IKUTA, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellees:
  • James Fife, Federal Defenders of San Diego, Inc., San Diego, CA, for defendant-appellant., David D. Leshner, Assistant United States Attorney, Office of the United States Attorney, San Diego, CA, for plaintiff-appellee.
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