United States v. Rojas

85 F. App'x 987

• Court: Court of Appeals for the Fifth Circuit
• Decided: January 22, 2004
• Docket: 03-50330
• Status: Unpublished

Opinion

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.

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, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996). Accordingly, the judgment of the district court is AFFIRMED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under ■ the limited circumstances set forth in 5th Cir. R. 47.5.4.