United States v. James Francis Gabriel, United States of America v. Howard Kevin Palmer

NELSON, Circuit Judge:

Gabriel and Palmer appeal from judgments of conviction for conspiracy to transport illegal aliens and transportation of illegal aliens, in violation of 18 U.S.C. § 371 and 8 U.S.C. § 1324(a)(2). The aliens were discovered when the Border Patrol stopped appellants’ two rented trucks at the truck scales near the San Clemente checkpoint. Palmer drove the first truck; Gabriel drove the second and had rented both. They seek reversal of their convictions on the grounds that evidence should have been suppressed because the agents did not have a founded suspicion to stop the…