United States v. Portillo-Aguirre

DENNIS, Circuit Judge:

Reynaldo Portillo-Aguirre appeals both his conviction of possession with intent to *650distribute cocaine and his sentence. He challenges the denial of his motion to suppress evidence. The issue is whether a Border Patrol agent unlawfully extended an immigration checkpoint stop of a commercial passenger bus. ' Concluding that the stop exceeded its permissible duration in violation of the Fourth Amendment, we reverse and remand for entry of a judgment of acquittal.

I. BACKGROUND

On September 20, 2000, at about 10:15 p.m., 'an Americanos passenger bus arrived at the Sierra…