IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40365
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RUFINO EUSEBIO CLARKE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-99-CR-940-1
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February 13, 2001
Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Rufino Eusebio Clarke appeals from his conviction by guilty
plea of possession with intent to distribute marijuana. Clarke
contends that the stop of his pickup was not based on reasonable
suspicion and that it therefore violated the Fourth Amendment.
Agents Cirlos and Broadhurst had reasonable suspicion to
stop Clarke. See United States v. Brignoni-Ponce, 422 U.S. 873,
884 (1975). Cirlos, a veteran Border Patrol agent, was familiar
with the area and its characteristics as rural, ranch-and-
oilfield territory. Clarke’s pickup traveled in very close
*
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that this opinion should not be published and is not precedent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. 00-40365
-2-
proximity with a second pickup, something that Agent Broadhurst
indicated may have suggested smuggling. Clarke’s pickup bore a
sticker suggesting that the pickup belonged to a business, but it
had no telephone number. The pickup had plywood in its bed,
something that Border Patrol agents had observed in smuggling
operations. Clarke and the driver of the second vehicle left
U.S. 59 just before arriving at the checkpoint at which Cirlos
was stationed and took a road that was not the shortest route to
the nearest town on that road. Clarke appeared very nervous to
Broadhurst and he did not look at the checkpoint. Broadhurst and
Cirlos were reasonable to suspect that the pickup was involved in
illegal activities.
AFFIRMED.