United States v Vance

Vance appeal the denial of his motion to suppress evidence. The panel, with one member concurring and dissenting, affirmed. The majority held that Vance’s argument that the district court erroneously construed New Mexico Statutes Annotated 66-7-317(A) as part of its analysis was waived as Vance did not raise it below and did not show any good cause for his failure and there was no plain error here as 317(A) has no actual disruption element as argued by Vance and no New Mexico published opinion supports the actual disruption argument. It held that the stop here was reasonable as the officer observed Vance go from the left of three lands to the right of three lanes without stopping in the center lane when Vance’s line of vision to the right lane was blocked by a car and there several trucks on the highway at the time. Phillips dissented arguing the officer lacked reasonable suspicion as there was no evidence that Vance did not look in the rear view mirror to check traffic in the right lane before making his lane change, the trucks were too far from the scene to be a safety risk and state he was troubled that the officer had nothing to investigate after stopping Vance and interrogated him anyway.

United States v Pacheco-Donaldson

Pacheco-Donaldson appealed the imposition of a supervised release provision barring contact with two foster brothers due to gang affiliation. The panel affirmed. It held Pacheco-Donaldson’s procedural argument bout inadequate findings was unpreserved and there was no plain error as Pacheco-Donaldson did not introduce evidence he had a close family relationship with his foster brothers and any error ion not making a proper inquiry did not affect his substantial rights as his foster brothers were gang members and the district court stated that was enough to follow the recommendation of the probation officer. It held the condition was substantively reasonable given Pacheco-Donaldson’s extensive involvement with gangs, the need to deter him in the future by limiting association with gang members including his foster brothers and the need to protect the public as withdrawing form gang membership would lessen the need for firearms which Pacheco-Donaldson is barred from possessing.