United States v. German Espinoza Montero-Camargo, United States of America v. Lorenzo Sanchez-Guillen

KOZINSKI, Circuit Judge, with whom Judges T.G. NELSON, KLEINFELD and SILVERMAN join,

concurring:

What happened in this case is perfectly clear. It is revealed in a direct answer to a simple question from the district court:

THE COURT: Right. But why did you stop [the defendants] at that time?

THE WITNESS [AGENT JOHNSON]: Well, we stopped them — there’s only-the only reason that we — especially on that side that we have the people stop and turn around at that particular point, is because they’re in violation of some immigration or some criminal code that make[s] them not want to be inspected by…