United States v. Bush

* 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this opinion should not be published and is not precedent except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
May 14, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-50307
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOHN THOMAS STEWART BUSH,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. P-01-CR-243-1
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Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
John Thomas Stewart Bush pleaded guilty to count one of an
indictment charging him with possession with intent to distribute
500 grams or more of cocaine. In pleading guilty, Bush reserved
the right to appeal the district court’s order denying his motion
to suppress.
A dog at the Sierra Blanca immigration checkpoint alerted to
a bag stowed in the luggage compartment of a bus in which Bush
was a passenger. Bush contends that Border Patrol agents

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No. 02-50307
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conducted a search in violation of the Fourth Amendment when,
without individualized suspicion or probable cause, they required
Bush to present his luggage claim ticket for inspection in order
to determine whether Bush was the owner of the bag. Bush
contends that the agents unconstitutionally extended Bush’s
detention without individualized reasonable suspicion. Bush’s
argument is foreclosed by this court’s opinion in United States
v. Outlaw, 319 F.3d 701, 704 (5th Cir. 2003). The judgment is
AFFIRMED.

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