U.S. v. VENTURA

No. 04-41524, Summary Calendar.

447 F.3d 375 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Leonel VENTURA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 20, 2006.


Attorney(s) appearing for the Case

Mitchel Neurock, James Lee Turner, Asst. U.S. Atty., Houston, TX, Matthew James Rinka, Laredo, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Molly E. Odom, Sarah Beth Landau, Houston, TX, for Ventura.

Before REAVLEY, HIGGINBOTHAM and CLEMENT, Circuit Judges.


REAVLEY, Circuit Judge:

The Government appeals the district court's grant of defendant Leonel Ventura's motion to suppress evidence of marijuana discovered in the exterior luggage bin of a commercial bus during an immigration checkpoint stop. We reverse.

I.

Leonel Ventura was a passenger on a commercial bus that arrived at a fixed immigration checkpoint on Interstate 35 near Laredo, Texas in the early morning hours of June 21, 2004. Routinely, two...

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