IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-50651
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FERNANDO GARCIA, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. DR-96-CR-68-1
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December 15, 1998
Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.
PER CURIAM:*
Fernando Garcia, Jr., was convicted at a bench trial of
conspiracy to possess with intent to distribute marijuana,
possession with intent to distribute marijuana, conspiracy to
import marijuana, importing marijuana, and carrying a firearm
during and in relation to a drug trafficking crime. He appeals
his conviction, challenging the district court’s denial of his
motions to suppress the physical evidence found at the time of
his arrest and to suppress his confession. Specifically, Garcia
contends that he was subjected to an investigatory detention in
*
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that this opinion should not be published and is not precedent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.
No. 97-50651
-2-
violation of his Fourth Amendment rights because Border Patrol
Agents had no reasonable suspicion of illegal activity when they
stopped his vehicle.
The totality of the circumstances shows that, prior to
stopping Garcia’s vehicle, the Border Patrol was aware of
specific articulable facts, together with rational inferences
from those facts, that reasonably warranted suspicion that
Garcia’s truck was involved in illegal activities. See United
States v. Brignoni-Ponce, 422 U.S. 873, 884 (1975). The district
court did not err in denying Garcia’s motion to suppress.
AFFIRMED.