United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT May 8, 2007
Charles R. Fulbruge III
Clerk
No. 06-50780
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ARMANDO GERARDO BENAVIDES,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:05-CR-163
--------------------
Before DAVIS, BARKSDALE and BENAVIDES, Circuit Judges.
PER CURIAM:*
Following a bench trial on stipulated evidence, Armando
Gerardo Benavides was convicted of possession with intent to
distribute at least five kilograms of cocaine. Benavides appeals
the district court’s denial of his motion to suppress. He argues
that his detention was impermissibly extended and that he did not
voluntarily consent to the search of his tractor-trailer.
Our review of the record shows that the district court did
not err in determining that the initial stop of Benavides’s
vehicle was permissibly extended based on reasonable suspicion of
*
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this opinion should not be published and is not precedent except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. 06-50780
-2-
other criminal activity. See United States v. Brigham, 382 F.3d
500, 506-07 (5th Cir. 2004). The district court also did not err
in determining that Benavides voluntarily consented to the search
of his vehicle. See United States v. Solis, 299 F.3d 420, 435-37
(5th Cir. 2002). Benavides has not shown that the district court
erred in denying his motion to suppress.
AFFIRMED.