United States v. Rojas

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
January 22, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-50330
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ARTURO ROJAS, also known as Ernesto Rojas-Canales,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-99-CR-487-1-DB
--------------------
Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Arturo Rojas appeals his bench-trial conviction for
conspiracy to possess marijuana with intent to distribute and
possession of marijuana with intent to distribute. He argues
that the district court erred in denying his motion to suppress
evidence obtained during a search incident to a traffic stop. He
argues that because the officer did not have probable cause for
the stop, the subsequent search and seizure of evidence were
illegal.

-- 1 of 2 --

No. 03-50330
-2-
Our review of the record and the parties’ arguments
convinces us that the district court did not err in denying the
motion to suppress. United States v. Orozco, 191 F.3d 578, 581
(5th Cir. 1999). The officer testified that he stopped Rojas’
vehicle after witnessing him drive on the improved shoulder, a
violation of TEX. TRANS. CODE ANN § 545.058 (Vernon 1999). Thus,
the officer had sufficient probable cause to support the initial
stop. Whren v. United States, 517 U.S. 806, 810 (1996).
Accordingly, the judgment of the district court is AFFIRMED.

-- 2 of 2 --