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United States v. Richard White
701 F. App'x 372
5th Cir.
2017
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Docket

*1 Before JOLLY, OWEN, and HAYNES, Circuit Judges.

PER CURIAM: [*]

Richard James White appeals his conditional guilty plea conviction of possession with intent to distribute 50 kilograms or more of marijuana for which he was sentenced to 18 months of imprisonment and three years of supervised release. He appeals the denial of his motion to suppress the marijuana discovered by law enforcement at an immigration checkpoint. *2 Case: 16-20810 Document: 00514233890 Page: 2 Date Filed: 11/13/2017

No. 16-20810

The district court did not err in denying White’s motion to suppress. See United States v. Jaime , 473 F.3d 178, 181 (5th Cir. 2006). White’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 dog’s alerts provided probable cause for a warrantless search of the tractor-trailer’s spare tire. See United States v. Dovali-Avila , 895 F.2d 206, 207-09 (5th Cir. 1990). Accordingly, we do not need to address White’s alternative argument that the search of the spare tire exceeded the scope of his consent.

The judgment of the district court is AFFIRMED.

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

Case Details

Case Name: United States v. Richard White
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Nov 13, 2017
Citation: 701 F. App'x 372
Docket Number: 16-20810 Summary Calendar
Court Abbreviation: 5th Cir.
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