United States v. Martinez-Hernandez , 141 F. App'x 334 ( 2005 )


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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                 August 17, 2005
    Charles R. Fulbruge III
    Clerk
    No. 04-41032
    Conference Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    HECTOR MARTINEZ-HERNANDEZ,
    Defendant-Appellant.
    --------------------
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. 5:04-CR-40-1
    --------------------
    Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.
    PER CURIAM:*
    Hector Martinez-Hernandez (“Martinez”) appeals his
    conviction for possession with intent to distribute less than 50
    kilograms of marijuana, a violation of 21 U.S.C. § 841.
    Martinez’s sole argument on appeal is that a Border Patrol
    agent lacks authority to conduct a vehicle stop based on a
    reasonable suspicion of a non-immigration offense.     This argument
    is foreclosed by our decision in United States v. Perkins,
    
    352 F.3d 198
    (5th Cir. 2003), cert. denied, 
    541 U.S. 980
    (2004).
    *
    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    this opinion should not be published and is not precedent except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. 04-41032
    -2-
    Martinez concedes that the issue is foreclosed, but he raises it
    to preserve the matter for further review.
    The judgment of the district court is AFFIRMED.
    

Document Info

Docket Number: 04-41032

Citation Numbers: 141 F. App'x 334

Judges: Benavides, Clement, Per Curiam, Prado

Filed Date: 8/18/2005

Precedential Status: Non-Precedential

Modified Date: 8/2/2023