United States v. Lopez-Merida
466 F. App'x 731
10th Cir.2012Background
- Defendant Lopez-Merida convicted by jury in D.N.M. for conspiracy and possession with intent to distribute over 100 kg marijuana found in tractor-trailer.
- State police stopped the truck on I-40 after observing a loose air-brake hose indicating a possible equipment problem.
- Officers gathered documents, asked questions, and noted inconsistencies in log books and bills of lading from Defendant and co-driver Ruiz.
- Perea conducted a first trailer search during a safety inspection and discovered marijuana.
- A drug-detection dog later led to a second search, resulting in seizure of 101 packages of marijuana; Defendant was prosecuted and convicted; net weight used for sentencing was 1,013.32 kg.
- District court sentenced based on the 1,013.32 kg net weight; Defendant challenged suppression and weight calculation on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the initial stop valid at inception? | Lopez-Merida argues stop invalid, lacking proper initiation. | Lopez-Merida asserts improper basis for stop and prolonged detention. | Issue waived; district court validly initiated stop. |
| Was the duration of the stop permissible? | Detention extended beyond routine inspections to gather evidence. | Detention was unnecessarily prolonged for non-routine questioning. | Detention deemed constitutionally permissible under standard for routine stops. |
| Was the first trailer search valid under NM law? | Search exceeded authority or was unsupported by suspicion. | Reasonable suspicion supported inspection; argument waived on appeal. | First search supported by reasonable suspicion; not improper. |
| Was the second trailer search valid? | Consent to second search invalid? | Second search supported by probable cause from first search. | Second search valid due to probable cause from first search. |
| Was the sentencing weight calculation clearly erroneous? | Net weight estimate unreliable; 1013.32 kg not clearly proven. | Officer’s experience-based estimate acceptable; evidence not clearly erroneous. | Weight determination not clearly erroneous; guideline calculation affirmed. |
Key Cases Cited
- United States v. Burke, 633 F.3d 984 (10th Cir. 2011) (waiver for suppression arguments when not raised properly)
- United States v. Karam, 496 F.3d 1157 (10th Cir. 2007) (stop must be tied to inception; routine tasks and questions allowed)
- United States v. Rosborough, 366 F.3d 1145 (10th Cir. 2004) (questioning during stop permissible if not prolonging detention)
- United States v. Vazquez, 555 F.3d 923 (10th Cir. 2009) (limited questioning; reasonable suspicion standard established)
- United States v. Pursley, 577 F.3d 1204 (10th Cir. 2009) (briefs must adequately present suppression arguments to avoid waiver)
- United States v. Vasquez-Castillo, 258 F.3d 1207 (10th Cir. 2001) (second search supported by probable cause from first search)
- United States v. Clonts, 966 F.2d 1366 (10th Cir. 1992) (weight estimates based on officer experience permissible)
- United States v. Middagh, 594 F.3d 1291 (10th Cir. 2010) (drug-quantity findings proved by preponderance of evidence)
- United States v. Maestas, 642 F.3d 1315 (10th Cir. 2011) (clear-error standard for sentencing factual findings)
- United States v. Flonnory, 630 F.3d 1280 (10th Cir. 2011) (weight-based guideline calculations require factual support)