IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-50646
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SERGIO PENA-GONZALES,
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Texas
(P-97-CR-42-1)
May 11, 1998
Before JOHNSON, SMITH, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Sergio Pena-Gonzales appeals his conviction for possession
with intent to distribute marijuana, arguing that the district
court erred in denying his motion to suppress the evidence of the
marijuana.
A Texas Department of Public Safety Trooper found the
marijuana during a consent search of Pena-Gonzales’ vehicle
following a traffic stop. Pena-Gonzales argues that the traffic
stop for violation of Texas’ window tint laws was a pretext for the
*
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this opinion should not be published and is not precedent except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.
Trooper’s ulterior belief that the vehicle was carrying drugs. He
also argues that he was prevented from challenging the reliability
of the information that he was carrying drugs.
The district court did not err in denying Pena-Gonzales’s
motion to suppress. Pena-Gonzales does not challenge the district
court’s holding that the officer was objectively justified in
stopping the vehicle for a traffic violation. We need look no
further to determine whether the officer executed the stop for an
ulterior motive, for as long as there is objective justification
for a traffic stop, the officer’s subjective intent is not
relevant. United States v. Flores, 63 F.3d 1342, 1362 (5th Cir.),
cert. denied, 117 S.Ct. 87 (1996); United States v. Roberson, 6
F.3d 1088, 1092 (5th Cir. 1993), cert. denied, 510 U.S. 1204
(1994). Pena-Gonzales’ argument is without merit. Id.
AFFIRMED.
2