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U.S. v. SIGMOND-BALLESTEROS

No. 00-50408.

247 F.3d 943 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Ivan SIGMOND-BALLESTEROS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 20, 2001.

Attorney(s) appearing for the Case

Gregory A. Vega, United States Attorney, and Mark A. Inciong, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

Vincent J. Brunkow, Federal Defenders of San Diego, Inc., San Diego, California, for the defendant-appellant.

Before: FERGUSON, TASHIMA, and FISHER, Circuit Judges.

Argued and Submitted February 13, 2001 — Pasadena, California.

TASHIMA, Circuit Judge:

I.

On January 27, 2000, United States Border Patrol Agent James Wright ("Wright"), in his 1998 Ford Expedition, was observing traffic on Highway 86 from the median. His vehicle was facing the northbound lanes, with his headlights on, so that "any traffic traveling northbound would have been intersecting the floodlights or the direction of [the] headlights...

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