United States v. Valadez-Valadez

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PUBLISH

Before HARTZ, EBEL, and TYMKOVICH, Circuit Judges.

On April 7, 2006, an officer of the New Mexico State Police stopped Defendant Ricardo Valadez-Valadez’s pickup truck along U.S. Highway 64 near Tierra Amarilla, New Mexico. The officer testified that he stopped the truck because it was obstructing traffic by traveling too slowly. In the truck were 21 passengers, including some who were unlawfully in this country. Mr. ValadezValadez was indicted in the United States District Court for the District of New Mexico for transporting illegal aliens. See 8 U.S.C. § 1324(a)(1)(A)(ii), (a)(1)(B)(I), (a)(1)(A)(v)(II). Contending that the stop of his pickup truck violated the Fourth Amendment, he filed a motion to suppress the evidence obtained during the stop. After the district court denied his motion, he entered a conditional plea of guilty to the indictment, reserving his right to appeal the denial. We have jurisdiction under 28 U.S.C. § 1291 and reverse because the stop was not supported by reasonable suspicion.

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United States v. Valadez-Valadez

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