United States v. Navarro-Gutierrez

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 22, 2003
Charles R. Fulbruge III
Clerk
No. 02-50792
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAIME NAVARRO-GUTIERREZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
(P-01-CR-426-1)
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Before JOLLY, JONES, and WIENER, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Jaime Navarro-Gutierrez (“Navarro”)
appeals his conviction for possession of marijuana with intent to
distribute. He argues that the district court erred in denying a
motion to suppress. Navarro was stopped by an experienced border
patrol agent who noticed that the vehicle, like those frequently
used in immigration schemes, was traveling in an area known for
smuggling incidents very near the Mexican border in a manner that
invited suspicion. When viewed in the totality of the
*
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this opinion should not be published and is not precedent except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.
circumstances, these facts demonstrate that the Border Patrol
agents had a reasonable suspicion, which justified their making the
stop. Thus, the court correctly denied Navarro’s suppression
motion. See United States v. Espinosa-Alvarado, 302 F.3d 304, 305-
06 (5th Cir. 2002). Accordingly, the judgment of the district
court is
AFFIRMED.
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