United States v. Trevino-Garcia ( 1999 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-40133
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
VERSUS
JUAN JESUS TREVINO-GARCIA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-98-CR-288-1
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September 22, 1999
Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Juan Jesus Trevino-Garcia appeals his conditional guilty-plea
conviction for possession with intent to distribute marijuana in
violation of 21 U.S.C. § 841(b)(1)(B). Trevino argues that the
district court erred in denying his motion to suppress evidence
obtained as the result of a traffic stop, in that the police
stopped his vehicle without a reasonable suspicion of criminal
activity, in violation of the Fourth Amendment.
Our review of the record and the parties’ arguments convinces
*
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that this opinion should not be published and is not precedent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. 99-40133
-2-
us that the district court did not err in denying Trevino’s motion
to suppress. The officer that executed the stop of Trevino,
through his collective knowledge with the other involved officers,
had a reasonable suspicion that Trevino violated § 545.060(a) of
the Texas Transportation Code by weaving and crossing the dividing
line of a five-lane highway. See United States v. Coleman, 969
F.2d 126, 129 (5th Cir. 1992). Accordingly, the officer’s stop of
Trevino was justified. See United States v. Zucco, 71 F.3d 188,
190 (5th Cir. 1995). The judgment of the district court is
AFFIRMED.