United States of America v. Luis Javier Gaspar

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
LUIS JAVIER GASPAR,
Defendant-Appellant.
No. 18-30142
D.C. No.
1:17-cr-00036-SPW-2
MEMORANDUM*
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
FRANCISCO CALDERON,
Defendant-Appellant.
No. 18-30177
D.C. No.
1:17-cr-00036-SPW-1
Appeal from the United States District Court
for the District of Montana
Susan P. Watters, District Judge, Presiding
FILED
OCT 28 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.

-- 1 of 2 --

Submitted October 23, 2019**
Portland, Oregon
Before: FARRIS, BEA, and CHRISTEN, Circuit Judges.
Appellants Luis Gaspar and Francisco Calderon appeal the district court’s
denial of their joint motion to suppress evidence obtained by police during a traffic
stop. They argue the traffic stop, for following another vehicle too closely in
violation of Montana Code Annotated § 61-8-329, was improper because the law is
unconstitutionally vague. Even if the stop had been unconstitutional, however, the
discovery of valid arrest warrants for both Appellants was “a sufficient intervening
event to break the causal chain between the unlawful stop and the discovery of
[the] evidence.” Utah v. Strieff, 136 S. Ct. 2056, 2061, 195 L. Ed. 2d 400 (2016).
AFFIRMED.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
2

-- 2 of 2 --