United States v. Jaime Martinez-Aleman
706 F. App'x 816
| 5th Cir. | 2017Background
- Martinez-Aleman pleaded guilty to possession with intent to distribute >=50g methamphetamine and >=50g but <5kg cocaine; sentenced to 121 months.
- Border agents, during a roving patrol on Highway 67, stopped his truck and found drugs hidden in the engine.
- Agent was informed the truck had recently crossed the border; Highway 67 is a known smuggling route with recent uptick in activity.
- Agent observed unusual driving: well below the speed limit, pulling into an abandoned gas station, rapid acceleration after the agent passed, and an evasive turn.
- Defense moved to suppress the evidence, arguing the stop lacked reasonable suspicion; district court denied the motion.
- The written judgment omitted reference to the cocaine count; the government sought correction under Rule 36.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the agent had reasonable suspicion to stop the truck | Stop lacked reasonable suspicion because vehicle had already passed border/checkpoint without detection | Totality of circumstances (recent border crossing, known smuggling route, agent experience, evasive driving) gave reasonable suspicion | Stop was supported by reasonable suspicion; suppression denial affirmed |
| Whether the judgment must be corrected to include omitted count | Not applicable (defendant did not contest correction) | Clerical error omitted second count; Rule 36 permits correction | Remanded to correct clerical error in judgment to include cocaine count |
Key Cases Cited
- United States v. Cervantes, 797 F.3d 326 (5th Cir. 2015) (reasonable-suspicion review and totality-of-circumstances)
- United States v. Brignoni-Ponce, 422 U.S. 873 (1975) (proximity to border is a key factor for reasonable suspicion)
- United States v. Jacquinot, 258 F.3d 423 (5th Cir. 2001) (proximity to border as element of reasonable suspicion)
- United States v. Ramirez, 839 F.3d 437 (5th Cir. 2016) (weight of agent experience in reasonable-suspicion analysis)
- United States v. Samaguey, 180 F.3d 195 (5th Cir. 1999) (unusually slow driving can be suspicious)
- Arizona v. Arvizu, 534 U.S. 266 (2002) (reasonable suspicion need not rule out innocent explanations)
- United States v. Gonzalez, 190 F.3d 668 (5th Cir. 1999) (characterization of Highway 67 as a notorious smuggling route)
- United States v. Johnson, 588 F.2d 961 (5th Cir. 1979) (Rule 36 authority for correcting clerical errors in judgments)