United States v. Vazquez-Jose , 191 F. App'x 324 ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT July 25, 2006
Charles R. Fulbruge III
Clerk
No. 06-10076
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DAVID VAZQUEZ-JOSE,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:05-CR-61-ALL
--------------------
Before SMITH, GARZA and PRADO, Circuit Judges.
PER CURIAM:*
David Vazquez-Jose (Vazquez) pleaded guilty to
transportation of illegal aliens and aiding and abetting and was
sentenced to 12 months and one day of imprisonment, three years
of supervised release, and a $100 special assessment.
Vazquez argues on appeal that the Border Patrol agent’s stop
of the van that he was driving without any reasonable basis to do
so violated the Fourth Amendment. However, under the totality of
the circumstances and in consideration of the factors set forth
in United States v. Brignoni-Ponce, 422 U.S. 873, 884-85 (1975),
*
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this opinion should not be published and is not precedent except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. 06-10076
-2-
especially the particular characteristics of the van and the
behavior of the van’s passengers, the Border Patrol agent’s
actions were supported by a reasonable suspicion to believe that
criminal activity might be afoot. See United States v. Arvizu,
534 U.S. 266, 273 (2002). Accordingly, the district court did
not err in denying Vazquez’s motion to suppress.
AFFIRMED.