United States v. Rico

MEMORANDUM *

Defendant-Appellant Sam Joseph Rico was convicted of two counts of transportation of illegal aliens in violation of 8 U.S.C. §§ 1324(a)(1)(A)(ii) and (B)(iii). Rico challenges the legality of the stop and appeals the district court’s denial of his motion to suppress. The government cross-appeals the sentence.

We affirm the denial of the motion to suppress and remand for resentencing.1

I

Rico argues that the stop of the vehicle was not supported by reasonable suspicion. Whether an investigatory stop is supported by reasonable suspicion is a mixed question of fact and law that is…