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U.S. v. MACHUCA-BARRERA

No. 00-50531.

261 F.3d 425 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Miguel MACHUCA-BARRERA, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 5, 2001.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Ellen A. Lockwood (argued), San Antonio, TX, for Plaintiff-Appellee.

M. Carolyn Fuentes (argued), San Antonio, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, DAVIS and BENAVIDES, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Border Patrol agents at an immigration checkpoint discovered a large stash of marijuana in a car driven by defendant Miguel Machuca-Barrera. Machuca-Barrera was convicted of possession with intent to distribute marijuana. We hold that because the brief stop by the Border Patrol lasted no longer than necessary to fulfill its immigration-related purpose, the stop did not violate the Fourth Amendment. Further, because the prosecutor...

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