United States v. Jose Augustin Romero-Bustamente

OPINION

D.W. NELSON, Senior Circuit Judge.

Appellant José Agustín Romero-Busta-mente (“Romero”) challenges the district court’s denial of his motion to suppress the discovery of two undocumented Mexican nationals in his backyard in the border town of Nogales, Arizona. Following the denial of the motion to suppress, Romero pled guilty to one count of harboring illegal aliens in violation of 8 U.S.C. § 1324(a)(1)(A)(iii) and (B)(i), subject to the condition that he retain his right to appeal the suppression motion. Finding that the motion to suppress should have been granted, we vacate the…