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U.S. v. PORTILLO-AGUIRRE

No. 01-50476.

311 F.3d 647 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Reynaldo PORTILLO-AGUIRRE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 1, 2002.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Angela J. Moore (argued), San Antonio, TX, for Plaintiff-Appellee.

Ray Ray Velarde (argued), El Paso, TX, for Defendant-Appellant.

Before REAVLEY, SMITH and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

Reynaldo Portillo-Aguirre appeals both his conviction of possession with intent to distribute cocaine and his sentence. He challenges the denial of his motion to suppress evidence. The issue is whether a Border Patrol agent unlawfully extended an immigration checkpoint stop of a commercial passenger bus. Concluding that the stop exceeded its permissible duration in violation of the Fourth Amendment...

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