United States v. Joe Lucero Leyba

BARRETT, Circuit Judge.

Joe Lucero Leyba (Leyba) was convicted, after trial to the Court, of knowingly transporting undocumented aliens in violation of 8 U.S.C.A. § 1324(a)(2). Leyba appeals, alleging District Court error in its failure to suppress evidence obtained as a result of the stop of his automobile by agents of the United States Border Patrol. No challenge as to the sufficiency of the evidence underlying the conviction is raised.

Early in the morning of April 8, 1979, Border Patrol agents Oscar Martinez and Lawrence Nelson were preparing to set up a temporary traffic check point on…