United States v. Turberville-Licona

* 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this opinion should not be published and is not precedent except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
July 29, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-41222
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LEONEL TURBERVILLE-LICONA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-03-CR-602-1
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Before DAVIS, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:*
Leonel Turberville-Licona (Turberville) was convicted of
transporting an undocumented alien by means of a motor vehicle
for private financial gain within the United States in violation
of 8 U.S.C. § 1324(a)(1)(B)(i). Turberville asserts that the
district court erred in denying his motion to suppress evidence
seized following an allegedly unlawful vehicle stop.
Turberville was stopped by an experienced Border Patrol
Agent who observed that Turberville’s car was riding low and

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No. 03-41222
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bounced, as though it was carrying a heavy load. The Agent
testified that as she observed Turberville’s vehicle, she saw it
twice swerve onto the shoulder and back into its lane. The front
seat passenger in the car appeared to be ducking, as if to hide,
then sat up erect when the Agent pulled alongside the vehicle.
Additionally, the Agent testified that there appeared to be
people hiding in the back seat of the four-door sedan, since
prior to stopping the vehicle the Agent observed two adult heads
pressed against the windows and knees, as though the people had
their legs folded. Moreover, the Agent had experience with
conducting illegal alien stops in the same area where she stopped
Turberville, and she testified that Turberville’s route is a
route commonly used to transport aliens northward.
Thus, the totality of the circumstances indicates that the
Border Patrol Agent had reasonable suspicion supported by
articulable facts that criminal activity was afoot. See United
States v. Neufeld-Neufeld, 338 F.3d 374, 378-80 (5th Cir. 2003).
Accordingly, the judgment of the district court is AFFIRMED.

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