United States v. Juan Orozco-Vazquez

703 F. App'x 360

• Court: Court of Appeals for the Fifth Circuit
• Decided: November 22, 2017
• Docket: 16-41546 Summary Calendar
• Status: Unpublished

Opinion

PER CURIAM: *

Juan Ismael Orozco-Vazquez appeals his conditional guilty plea conviction of conspiring to possess with intent to distribute cocame for which he was sentenced to 27 months of imprisonment and three years of supervised release.

In reviewing a district court’s suppression ruling, we review factual findings for clear error and questions of law de novo. United States v. Jaime, 473 F.3d 178, 181 (5th Cir. 2006). A factual finding is not clearly erroneous so long as it is plausible in light of the record as a whole. United States v. McKinnon, 681 F.3d 203, 207 (5th Cir. 2012). Facts are construed in the light most favorable to the Government as the prevailing party on the motion to suppress. United States v. Macias, 658 F.3d 509, 517 (5th Cir. 2011).

The district court did not clearly err in denying Orozco-Vazquez’s motion to suppress. See Jaime, 473 F.3d at 181. Orozco-Vazquez’s detention in the primary inspection lane was within the permissible duration of an immigration checkpoint stop. See United States v. Machuca-Barrera, 261 F.3d 425, 431-35 (5th Cir. 2001).

The judgment of the district court is AFFIRMED.

* Pursuant to 5th Cm, R, 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cm, R. 47,5.4.