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


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  •                                                        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    this opinion should not be published and is not precedent except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.
    

Document Info

Docket Number: 06-10076

Citation Numbers: 191 F. App'x 324

Judges: Garza, Per Curiam, Prado, Smith

Filed Date: 7/25/2006

Precedential Status: Non-Precedential

Modified Date: 8/2/2023