United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS October 31, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-41679
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN JAVIER REYNA,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of Texas
(L-02-CR-378)
Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Juan Javier Reyna appeals from the denial of a motion to
suppress following his conviction for possession with intent to
distribute more than 100 kilograms of marijuana, in violation of 21
U.S.C. § 841(a)(1), (b)(1)(B). At issue is whether a Border Patrol
Agent had reasonable suspicion to stop Juan Javier Reyna’s vehicle,
leading to Reyna’s conviction.
*
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that this opinion should not be published and is not precedent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 authority need be cited for our two-tier standard of review
for suppression rulings: findings of fact are accepted unless
clearly erroneous; the ruling on the constitutionality of the
contested conduct is reviewed de novo; and the evidence presented
at the suppression hearing is viewed in the light most favorable to
the prevailing party.
A Border Patrol Agent conducting a roving patrol may make a
temporary investigative stop of a vehicle if the Agent is aware of
“specific articulable facts, together with rational inferences from
those facts, that reasonably warrant suspicion” that the vehicle's
occupant is engaged in criminal activity. United States v.
Brignoni-Ponce, 422 U.S. 873, 884 (1975); see also United States v.
Cortez, 449 U.S. 411, 421-22 (1981). In determining whether a
reasonable suspicion exists, courts look to the totality of the
circumstances surrounding the stop. E.g., United States v.
Espinosa-Alvarado, 302 F.3d 304, 306 (5th Cir.), cert. denied, 537
U.S. 1094 (2002). The district court concluded: the area in which
the stop took place was known for illegal activity; the Agent saw
two vehicles traveling in tandem, and his experience taught him
that vehicles engaged in smuggling almost always travel in tandem
while other vehicles in the area almost never do; the Agent,
familiar with the area and its usual traffic, did not recognize
either of the two vehicles; both vehicles had bed covers which were
not used by those who regularly used the road, but which made it
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possible to conceal cargo; and, prior to the stop, another Agent
had reported to the Agent conducting the stop that the driver of
the stopped vehicle was “looking all around”. A review of the
suppression hearing demonstrates that these findings are not
clearly erroneous.
It also appears that the district judge made an additional
important finding: the Border Patrol Agent had observed that
Reyna’s vehicle was riding low, as if carrying a heavy weight.
Although the district judge acknowledged evidence contradicting
this claim, he appeared to find that the Agent testified truthfully
to his observations. In any event, viewing the hearing evidence in
the light most favorable to the Government, we conclude that the
Agent did observe that Reyna’s vehicle appeared to be carrying a
heavy weight. Reviewing de novo the district court’s resolution of
Reyna’s motion to suppress, we agree that the facts recited above,
when viewed in their totality, would give rise to a reasonable
suspicion. E.g., United States v. Aldaco, 168 F.3d 148, 151-52
(5th Cir. 1999) (road’s reputation for smuggling adds to
reasonableness of suspicion); United States v. Morales, 191 F.3d
602, 604 (5th Cir. 1999), cert. denied sub nom. Chacon Morales v.
United States, 528 U.S. 1177 (2000) (agent’s experience is
important in determining reasonableness of suspicion); United
States v. Orozco, 191 F.3d 578, 582 (5th Cir. 1999), cert. denied
sub nom. Gutierrez-Orozco v. United States, 528 U.S. 1144 (2000)
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(appearance of vehicle, “most notably” that it appeared to be
heavily-loaded, added to reasonableness of suspicion).
AFFIRMED
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