United States v. Paul Garcia, Jr., T/n, Jose Martinez-Lopez

Martinez-Lopez appeals from a conviction for possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). He questions only the denial of his motion to suppress. We affirm.

Martinez-Lopez was driving north on Interstate Highway 5 when he approached the fixed checkpoint operated by the United States Border Patrol at San Clemente. The pfficer at the checkpoint observed that Martinez-Lopez was driving a type of car with a deep trunk commonly used to smuggle aliens, that he failed to slow down as he approached the stop sign at the checkpoint and that he looked only straight ahead rather than at the officer. Because these facts aroused his suspicion, the officer directed Martinez-Lopez to the secondary inspection area for further inquiry. Martinez-Lopez drove to the secondary area, parked momentarily and then sped off. Border Patrol agents pursued. After a chase reaching speeds of 70 miles per hour, the agents stopped Martinez-Lopez and determined that he was an illegal alien. A search of his car revealed 55 pounds of marijuana in the trunk. Martinez-Lopez contends that the district court erred in refusing to suppress the marijuana.

We need not…