United States v. Rene Andrade-Rivera

Case: 12-50521 Document: 00512202696 Page: 1 Date Filed: 04/09/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 9, 2013
No. 12-50521
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
RENE OMAR ANDRADE-RIVERA, also known as Rene Omar Andrade,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5-12-CR-380-1
Before KING, CLEMENT, and HIGGINSON, Circuit Judges.
PER CURIAM:*
Rene Omar Andrade-Rivera (Andrade) pleaded guilty of entering the
United States illegally following deportation. Andrade was arrested when his
presence in the United States was discovered by Border Patrol agents during the
traffic stop of the vehicle in which he was a passenger. He contends that the
district court erred in denying his motion to suppress evidence derived from the
traffic stop.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Case: 12-50521 Document: 00512202696 Page: 2 Date Filed: 04/09/2013
No. 12-50521
In denying the motion to suppress, the district court agreed that the traffic
stop violated Andrade’s rights under the Fourth Amendment because the Border
Patrol agents lacked a reasonable suspicion supporting a belief that any of the
occupants of the vehicle were involved in criminal activity. The court concluded
however, that the evidence that Andrade sought to suppress, that is, evidence
of his identity, is not suppressible in this circuit. See United States v. Herrera-
Ochoa, 245 F.3d 495, 498 (5th Cir. 2001); United States v. Roque-Villanueva, 175
F.3d 345, 346 (5th Cir. 1999).
Andrade contends that Herrera-Ochoa and Roque-Villanueva were wrongly
decided. One panel of this court may not overrule a prior decision of another
panel of this court in the absence of an intervening contrary or superseding
decision by this court sitting en banc or by the United States Supreme Court.
McGowen v. Thaler, 675 F.3d 482, 496 (5th Cir.), cert. denied, 133 S. Ct. 648(2012). The district court’s order is
AFFIRMED.
2