United States of America, Plaintiff-appellee, v. German Espinoza Montero-camargo, Defendant-appellant.united States of America, Plaintiff-appellee, v. Lorenzo Sanchez-guillen, Defendant-appellant, 183 F.3d 1172 (9th Cir. 1999)

Appeals from the United States District Court for the Southern District of California Irma E. Gonzalez, District Judge, Presiding. D.C. Nos. CR-96-2233-1-IEG, CR-96-2233-2-IEG.

Before: Alex Kozinski and Diarmuid F. O'Scannlain, Circuit Judges, and Frank C. Damrell, Jr.,^*  District Judge.

ORDER

The slip opinion ("slip op.") filed May 13, 1999 is amended as follows:

1. At slip op. 4466, lines 22-23 of the text, delete "driving and the ethnicity of the occupants;" and replace with "driving, Mexicali license plates, the Hispanic appearance of the occupants, [FN1] and". Renumber subsequent footnotes.

[FN1]. Border Patrol agents may consider the Hispanic appearance of a motorist, but this fact alone does not justify an investigatory stop. See Brigoni-Ponce, 422 U.S. 886-87 ("The likelihood that any given person of Mexican ancestry is an alien is high enough to make Mexican appearance a relevant factor, but standing alone it does not justify stopping all Mexican-Americans to ask if they are aliens").

2. At slip op. 4466, line 29 of the text, insert"," between "Garcia-Barron" and "116".