Court of Appeals for the Ninth Circuit April 17, 2000, 99-50222 (United States of America,plaintiff-Appellee v. Ruben Fuentes-Cariaga,opinion)

RYMER, Circuit Judge:

Anticipating testimony by an Immigration and Naturalization Service inspector that Ruben Fuentes-Cariaga looked nervous when he was stopped at the border and that his nervousness was an important factor in referring him to secondary, Fuentes-Cariaga sought to present evidence by a non-percipient INS inspector that she would not infer consciousness of guilt from a driver’s