United States v. Rene Del Toro Gudino, AKA Rene Del Toro-Gudino

KLEINFELD, Circuit Judge.

The issue in this case is whether a criminal defendant’s identity must be suppressed when it was disclosed as a result of an unconstitutional stop.

Rene del Toro Gudino was convicted of being found in the United States, having been deported. 1 Del Toro Gudino appeals on the ground that the evidence of his identity should have been suppressed, because it was disclosed only when a deputy sheriff unconstitutionally directed his attention to del Toro Gudino. The district court denied the motion to suppress without an evidentiary hearing, so the only facts we have on the…