110 F. App'x 797

UNITED STATES of America, Plaintiff-Appellee, v. Jose Alberto TOPETE-URREA, Defendant-Appellant.

No. 04-50039.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 17, 2004.*

Decided Sept. 23, 2004.

Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.

Anthony E. Colombo, Esq., Federal Defender’s of San Diego, Inc., for Defendant-Appellant.

Before: T.G. NELSON, SILVERMAN, and WARDLAW, Circuit Judges.

MEMORANDUM **

Jose Alberto Topete-Urrea appeals the district court’s denial of his motion to suppress marijuana seized during a border search of his truck. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm on one of the grounds cited by the district court.

United States v. Mayes squarely controls.1 Assuming for the sake of this disposition that Topete-Urrea’s detention was an illegal arrest and that all factual disputes should be resolved in his favor, the arrest in no way tainted the search.2 Topete-Urrea alleged nothing that even suggests that his arrest contributed to the finding of the marijuana in his truck and we find nothing in the record suggesting that it did. The district court found that the “block blitz” in force when Topete-Urrea approached the border mandated inspection of every vehicle and that, re*798gardless of the arrest, the inspection would have occurred.3 Accordingly, we affirm.

AFFIRMED.

United States v. Topete-Urrea
110 F. App'x 797

Case Details

Name
United States v. Topete-Urrea
Decision Date
Sep 23, 2004
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110 F. App'x 797

Jurisdiction
United States

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