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U.S. v. MARISCAL

No. 01-10326.

285 F.3d 1127 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Abel Aguirre MARISCAL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 1, 2002.

Attorney(s) appearing for the Case

Bram Jacobson, Assistant Federal Public Defender, Phoenix, AZ, for the defendant-appellant.

Joan G. Ruffennach, Assistant United States Attorney, Phoenix, AZ, for the plaintiff-appellee.

Before REINHARDT, NOONAN, and FERNANDEZ, Circuit Judges.

OPINION

FERNANDEZ, Circuit Judge.

Abel Aguirre Mariscal appeals his conviction for being an illegal alien in possession of a firearm. See 18 U.S.C. §§ 922(g)(5)(A); 924(a)(2). He contends that the district court erred when it denied his motion to suppress evidence derived from a car stop which was not based on reasonable suspicion. We agree and reverse.

BACKGROUND

On October 6, 2000, Officers Luebkin, Crosier, Knudson and...

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