Brito-Betancourt

MEMORANDUM *

The defendant was convicted of possession with intent to distribute methamphetamine and interstate travel in aid of racketeering. Methamphetamine was found in a compartment welded to the wheel well of defendant’s vehicle. The defendant contends that the initial stop of his vehicle was improper.

We disagree. Brito-Betancourt was driving at 1:45 in the morning, at a time when motorists are often fatigued. His driving pattern indicated signs of fatigue or impairment. Brito-Betancourt drifted over the fog lane by a foot and a half on two different occasions. On the first occasion, he traveled for approximately seventy-five yards before returning to his travel lane. On the second occasion, he crossed over the fog lane for approximately fifty yards. In a third incident, Brito-Betancourt began to exit the highway before swerving back over the solid white exit lines to return to the highway. These indicators were sufficient to raise reasonable suspicion of fatigue or impairment and to initiate a stop.

The defendant further contends that the district court erred in finding that the consent to search his vehicle was voluntary. A district court’s determination of whether…