United States v. Luis Ernesto Moya

Fifth Circuit

United States v. Luis Ernesto Moya

549 F.2d 340, 1977 U.S. App. LEXIS 14175

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 23, 1977

Docket76-3551

StatusPublished

Cited by1 cases

This text of 549 F.2d 340 (United States v. Luis Ernesto Moya) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Luis Ernesto Moya, 549 F.2d 340, 1977 U.S. App. LEXIS 14175 (5th Cir. 1977).

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Opinion

PER CURIAM:

On May 26, 1976, at 11:00 o’clock p. m., appellant drove a 1966 Chevrolet Nova automobile across the Mexican border into the United States at El Paso, Texas. As appellant traveled the primary inspection lane at the Bridge of the Americas Port of Entry, he was stopped by an Immigration Inspector. Upon inquiry, appellant and his female passenger declared that they were United States citizens, but when the inspector asked appellant to open the trunk of the automobile he quickly drove off.

The inspector immediately relayed the license number and description of the car along with the name and address of its registered owner to a Customs Patrol Officer. The officer spotted the vehicle (occupied by the appellant and his passenger) 25 minutes later about five miles from the bridge, at a place near the address the officer had been given. Appellant was promptly instructed to open the trunk so that a customs search could be performed. He complied, and the search revealed 291 pounds of marijuana.

*341 Appellant was charged in a two-count indictment with importation of a controlled substance and possession with intent to distribute. 1 After a motion to suppress the fruits of the search was denied, appellant waived a jury trial, was tried and convicted by the court of both counts and was sentenced to a total of 10 years imprisonment.

Appellant’s contention that the search of his automobile was invalid is without merit. His behavior in suddenly driving away as the Immigration Inspector prepared to inspect the trunk at the bridge clearly justified the subsequent search by the Customs Officer as an extended border search. United States v. Bowman, 502 F.2d 1215 (5th Cir. 1974).

Appellant’s other ground for reversal, that the district court failed to consider sentencing him under the Youth Corrections Act, 18 U.S.C. § 5005 et seq., is also without substance. The judgment is accordingly AFFIRMED.

1

. 21 U.S.C. §§ 841(a)(1) and 952(a).

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PER CURIAM:

On May 26, 1976, at 11:00 o’clock p. m., appellant drove a 1966 Chevrolet Nova automobile across the Mexican border into the United States at El Paso, Texas. As appellant traveled the primary inspection lane at the Bridge of the Americas Port of Entry, he was stopped by an Immigration Inspector. Upon inquiry, appellant and his female passenger declared that they were United States citizens, but when the inspector asked appellant to open the trunk of the automobile he quickly drove off.

The inspector immediately relayed the license number and description of the car along with the name and address of its registered owner to a Customs Patrol Officer. The officer spotted the vehicle (occupied by the appellant and his passenger) 25 minutes later about five miles from the bridge, at a place near the address the officer had been given. Appellant was promptly instructed to open the trunk so that a customs search could be performed. He complied, and the search revealed 291 pounds of marijuana.

*341 Appellant was charged in a two-count indictment with importation of a controlled substance and possession with intent to distribute. 1 After a motion to suppress the fruits of the search was denied, appellant waived a jury trial, was tried and convicted by the court of both counts and was sentenced to a total of 10 years imprisonment.

Appellant’s contention that the search of his automobile was invalid is without merit. His behavior in suddenly driving away as the Immigration Inspector prepared to inspect the trunk at the bridge clearly justified the subsequent search by the Customs Officer as an extended border search. United States v. Bowman, 502 F.2d 1215 (5th Cir. 1974).

Appellant’s other ground for reversal, that the district court failed to consider sentencing him under the Youth Corrections Act, 18 U.S.C. § 5005 et seq., is also without substance. The judgment is accordingly AFFIRMED.

1

. 21 U.S.C. §§ 841(a)(1) and 952(a).

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549 F.2d 340, 1977 U.S. App. LEXIS 14175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-luis-ernesto-moya-ca5-1977.

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