United States v. Martin Del Castillo-Barron ( 2016 )

Case: 15-60623 Document: 00513452566 Page: 1 Date Filed: 04/05/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 15-60623
Fifth Circuit
FILED
Summary Calendar April 5, 2016
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
MARTIN DEL CASTILLO-BARRON,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Mississippi
Before SMITH, BENAVIDES, and HAYNES, Circuit Judges.
PER CURIAM:
Martin Del Castillo-Barron was convicted of illegal reentry of a
previously deported aggravated felon in violation of 8 U.S.C. § 1326(a)(2) and
(b)(2). He was found in the United States during the course of a traffic stop
when a police officer learned that occupants of the stopped vehicle, including
Del Castillo-Barron, were not United States citizens and possessed no
documents authorizing their presence in the country.
On appeal, Del Castillo-Barron argues that the district court erred in
denying his motion to suppress evidence obtained following the traffic stop. In
support of his argument, Del Castillo-Barron contends that the officer
conducting the stop exceeded his jurisdiction under Mississippi state law
Case: 15-60623 Document: 00513452566 Page: 2 Date Filed: 04/05/2016
No. 15-60623
because the stop occurred at a location where the officer lacked authority to
act.
The relevant question is whether the officer, in conducting the traffic
stop, violated the Fourth Amendment. See United States v. Walker, 960 F.2d
409, 415 (5th Cir. 1992). Issues regarding local law-enforcement jurisdiction
do not govern in a federal criminal action. Id.; United States v. Hernandez-
Acuna, 202 F. App’x 736, 744 (5th Cir. 2006). Del Castillo-Barron does not
challenge the district court’s finding that the traffic stop conformed with the
standard set forth in Terry v. Ohio, 392 U.S. 1 (1968). The district court,
therefore, properly denied the motion to suppress.
AFFIRMED.
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