U.S. v. CENICEROS

No. 98-50793.

204 F.3d 581 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Efrain CENICEROS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 16, 2000.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Mark Randolph Stelmach (argued), Asst. U.S. Attys., San Antonio, TX, for Plaintiff-Appellee.

Philip J. Lynch (argued), San Antonio, TX, for Defendant-Appellant.

Before HIGGINBOTHAM and SMITH, Circuit Judges, and FALLON, District Judge.


FALLON, District Judge:

This appeal follows the conviction of Jose Efrain Ceniceros for possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). The issue addressed is whether the seizure of evidence by a roving border patrol agent following a vehicle stop was supported by reasonable suspicion consistent with the Fourth Amendment. On appeal, Ceniceros contends that the district court erred in denying his motion to suppress. We...

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