United States v. De La Rosa-Valenzuel

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________ No. 98-50094 Summary Calendar _____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MARTHA ELENA DE LA ROSA-VALENZUELA, Defendant-Appellant. _________________________________________________________________ Appeal from the United States District Court for the Western District of Texas USDC No. P-97-CR-151-1 _________________________________________________________________ December 31, 1998 Before JOLLY, SMITH, and WIENER, Circuit Judges. PER CURIAM:* Martha Elena De La Rosa-Valenzuela appeals from the district court’s denial of her motion to suppress the marijuana seized from her vehicle. She argues that a Border Patrol agent’s tapping of her vehicle’s gas tank constituted a search under the Fourth Amendment and that such search was illegal because it was without consent or probable cause. We have reviewed the record and find no reversible error. See United States v. Muniz-Melchor, 894 F.2d 1430, 1435-37 (5th Cir. 1990). Accordingly, the judgment of the district court is * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. A F F I R M E D. 2