FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT September 3, 2020 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 19-2105 (D.C. No. 1:18-CR-02209-JAP-1) ERIC JOVANO MADRID-MENDOZA, (D. N.M.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT* _________________________________ Before BRISCOE, MURPHY, and MATHESON, Circuit Judges. _________________________________ Defendant Eric Madrid-Mendoza entered a conditional plea of guilty to three counts of transporting illegal aliens, in violation of 8 U.S.C. §§ 1324(a)(1)(A)(ii) and (a)(1)(A)(v)(II), and was sentenced to a term of fifteen months’ imprisonment. Consistent with the terms of his plea agreement, Madrid-Mendoza appeals from the district court’s denial of his motion to suppress evidence. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm. * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. I On the morning of Monday, June 18, 2018, New Mexico State Police Officer Hermilo Lucero was on duty and driving eastbound on I-40 into the city of Albuquerque. Lucero encountered and began driving the same speed as a silver- colored Honda Pilot with California license plates that was also driving eastbound. According to Lucero, his vehicle and the Honda were both traveling approximately seventy miles per hour, which was five miles over the posted speed limit of sixty-five miles per hour. After driving at that speed together for approximately a mile-and-a- half, Lucero initiated a traffic stop on the Honda. The time of the initial stop was 7:59 a.m. After stopping the Honda, Lucero left his patrol car and approached the passenger-side window of the vehicle. Lucero identified himself and explained that he had stopped the Honda for speeding. He asked the driver for his license, registration, and insurance information. The driver, Luis Alberto Salazar, stated that he did not have a driver’s license, and instead had only a Mexican voter identification card. Salazar handed the Mexican voter identification card to Lucero with his right hand, and Lucero noticed that Salazar’s left hand was shaking “pretty uncontrollably.” R., Vol. 3 at 17. Defendant Madrid-Mendoza was sitting in the front passenger seat of the Honda, and Lucero observed “several more [men] sitting in the back area of the [vehicle].” Id. According to Lucero, the men seated in the back appeared to be between sixteen and nineteen years of age, and were acting “really nervous” and 2 “really scared.” Id. at 18. Lucero also noticed a significant amount “of body odor emitting from the vehicle.” Id. In addition, Lucero observed “a lot of luggage sitting in the back cargo area” of the vehicle. Id. Based upon his “training and experience,” Lucero suspected that “these young men” in the back of the vehicle might “be either . . . victim[s]” or might “be involved in some type of criminal activity, maybe ...
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