IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-11200
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee
versus
JOSÉ JUAN TORRES,
Defendant-Appellant
Appeal from the United States District Court
For the Northern District of Texas
USDC No. 4:99-CR-43-2-Y
August 29, 2000
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
José Juan Torres appeals his conviction for possession
with the intent to distribute marijuana, arguing that the district
court erred in denying his motion to suppress. We reject the
Government's contention that Torres waived his argument.
In reviewing a ruling on a motion to suppress, we review
questions of law de novo, while accepting the trial court's factual
*
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this opinion should not be published and is not precedent except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.
findings unless they are clearly erroneous.1 After making such a
review, we conclude that the detention did not exceed the
permissible scope of the intrusion,2 as the state trooper
diligently pursued a means of investigation that was likely to
dispel his suspicions quickly, during which time it was necessary
to detain the suspect.3
Moreover, Torres consented to extending the duration of the
stop, indicating that he did not mind if Officer Forrest inspected
the trailer. The district court's determination that Torres's
consent was voluntary was amply supported by the evidence and was
not clearly erroneous.4 The judgment of the district court is
therefore AFFIRMED.
AFFIRMED.
1
See United States v. Castro, 166 F.3d 728, 731 (5th Cir.)
(en banc), cert denied, 120 S. Ct. 78 (1999).
2
The search in the instant case is governed by the standards
outlined in Terry v. Ohio, 392 U.S. 1 (1968).
3
See United States v. Sharpe, 470 U.S. 675, 680, 686-87
(1985).
4
See United States v. Shabazz, 993 F.2d 431, 438 (5th Cir.
1993).
2