United States v. De Alvarez ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-50060
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LAURA MARQUEZ DE ALVAREZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-01-CR-521-ALL-DB
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September 10, 2002
Before REAVLEY, BARKSDALE and CLEMENT, Circuit Judges.
PER CURIAM:*
Laura Marquez de Alvarez (Marquez) appeals her conviction
for making a false statement regarding a matter within the
jurisdiction of a government agency in violation of 18 U.S.C.
§ 1001. While attempting to cross the border from Mexico,
Marquez informed a United States Customs Service inspector that
she owned the vehicle she was driving. She later admitted that
this statement was false. Marquez contends that the evidence is
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 02-50060
-2-
insufficient to support her conviction because this statement was
not material given that the customs inspector had already decided
to conduct an intensive inspection of her vehicle prior to
speaking with her.
The customs inspector testified that he questions drivers
and passengers at the border regarding the ownership of the
vehicle they are in to determine whether they are familiar with
the vehicle and its contents. When the owner is not present,
this raises his suspicions and influences his decision whether to
inspect the vehicle, as well as the scrutiny with which he
inspects a vehicle. This evidence is sufficient to support the
jury’s determination that the false statement regarding ownership
of the vehicle was capable of influencing a decision within the
jurisdiction of the United States Customs Service. See United
States v. Gaudin, 515 U.S. 506 (1995); United States v. Puente,
982 F.2d 156 (5th Cir. 1993).
AFFIRMED.