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this opinion should not be published and is not precedent except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.




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