United States v. Fazio

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-41134 UNITED STATES OF AMERICA, Plaintiff-Appellee versus JOSEPH VITO FAZIO, Defendant-Appellant ************************************************************ No. 97-41135 UNITED STATES OF AMERICA Plaintiff-Appellee versus LEE JAMES JENSEN Defendant-Appellant Appeals from the United States District Court for the Eastern District of Texas (1:96-CR-117-2) September 14, 1998 Before REYNALDO G. GARZA, HIGGINBOTHAM, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* This case presents a close question regarding the validity of * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. an automobile search on an interstate highway. It boils down to a judgment call of whether the arresting officer unreasonably extended an otherwise legal detention. We have considered the briefs, heard oral argument, reviewed the transcripts of the videotaped arrest, and the hearings on the motion to suppress. Ultimately, we are persuaded that the district court did not err in denying the motion to suppress. For essentially the reasons stated by the district court, we AFFIRM. 2