United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 17, 2005
Charles R. Fulbruge III
Clerk
No. 04-41032
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HECTOR MARTINEZ-HERNANDEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:04-CR-40-1
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Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM:*
Hector Martinez-Hernandez (“Martinez”) appeals his
conviction for possession with intent to distribute less than 50
kilograms of marijuana, a violation of 21 U.S.C. § 841.
Martinez’s sole argument on appeal is that a Border Patrol
agent lacks authority to conduct a vehicle stop based on a
reasonable suspicion of a non-immigration offense. This argument
is foreclosed by our decision in United States v. Perkins,
352 F.3d 198 (5th Cir. 2003), cert. denied, 541 U.S. 980 (2004).
*
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this opinion should not be published and is not precedent except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. 04-41032
-2-
Martinez concedes that the issue is foreclosed, but he raises it
to preserve the matter for further review.
The judgment of the district court is AFFIRMED.