United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS September 19, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 01-50691
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARTIN CAZARES-MEJIA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. P-00-CR-420-2
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Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Martin Cazares-Mejia (“Cazares”) pleaded guilty to
possession with intent to distribute 50 kilograms or more, but
less than 100 kilograms of marijuana. 21 U.S.C. § 841(a)(1);
18 U.S.C. § 2. He appeals the district court’s denial of his
motion to suppress his post-detention statements and the
marijuana found in the vehicle in which he was a passenger.
Fidencio Sanchez-Pena, the driver of the vehicle and a
*
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that this opinion should not be published and is not precedent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. 01-50691
-2-
codefendant, filed a similar motion to suppress. This court has
already upheld the district court’s denial of Sanchez’s motion to
suppress the marijuana, rejecting the same arguments raised
herein by Cazares. See United States v. Sanchez-Pena, No. 01-
50736 (5th Cir. June 27, 2003)(copy at green tab). Under the
law-of-the-case doctrine, Cazares’ arguments challenging the
extended detention must be rejected. See United States v.
Becerra, 155 F.3d 740, 752-53 (5th Cir. 1998). Cazares’ argument
that his post-detention statements must be suppressed as “fruit
of the poisonous tree” is yet another challenge to the extended
detention and is therefore unavailing. See Wong Sun v. United
States, 371 U.S. 471, 485-88 (1963).
AFFIRMED.