United States v. Leroy

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-50614 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JEFFERY ALAN LEROY, Defendant-Appellant. _________________________________________ Appeal from the United States District Court for the Western District of Texas USDC No. P-00-CR-65-1 _________________________________________ May 21, 2001 Before POLITZ, HIGGINBOTHAM, and DeMOSS, Circuit Judges. PER CURIAM:* Jeffery Alan Leroy appeals his conditional guilty plea conviction for possession with intent to distribute a quantity of marihuana. He contends that the district court erred in denying his motion to suppress, asserting that the traffic stop resulting in his arrest violated the Fourth Amendment. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. In reviewing a trial court’s ruling on a motion to suppress we review questions of law de novo, and we accept factual findings unless they are clearly erroneous,1 or influenced by an incorrect view of the law.2 All relevant evidence is viewed in the light most favorable to the prevailing party, in the instant case the government.3 To establish reasonable suspicion, the acting officer must identify specific, articulable facts, and reasonable inferences therefrom, that reasonably warrant a suspicion that a specific vehicle is involved in illegal activity.4 Consideration of the relevant factors herein, viewed in the totality of the circumstances and in the light most favorable to the prosecution, persuades that there was reasonable suspicion for the constitutionally challenged stop of Leroy’s vehicle. Accordingly, the judgment appealed is AFFIRMED. 1 United States v. Castro, 166 F.3d 728 (5th Cir.)(en banc), cert. denied, 528 U.S. 827 (1999), 2 United States v. Muniz-Melchor, 894 F.2d 1430 (5th Cir. 1990). 3 Castro, 166 F.3d at 731. United States v. Cortez, 449 U.S. 411 (1981); United States v. Brignoni-Ponce, 4 422 U.S. 873 (1975). 2