United States v. Del Castillo-Barron, No. 15-60623 (5th Cir. 2016)
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Defendant was convicted of illegal reentry of a previously deported aggravated felon. On appeal, defendant challenged the district court's denial of his motion to suppress evidence obtained after a traffic stop. The court concluded that the district court properly denied the motion to suppress because defendant did not challenge the district court’s finding that the traffic stop conformed with the standard set forth in Terry v. Ohio. Accordingly, the court affirmed the judgment.
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Case: 15-60623 Document: 00513452566 Page: 1 Date Filed: 04/05/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-60623 Summary Calendar United States Court of Appeals Fifth Circuit FILED April 5, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MARTIN DEL CASTILLO-BARRON, Defendant-Appellant Appeal from the United States District Court for the Southern District of Mississippi Before SMITH, BENAVIDES, and HAYNES, Circuit Judges. PER CURIAM: Martin Del Castillo-Barron was convicted of illegal reentry of a previously deported aggravated felon in violation of 8 U.S.C. § 1326(a)(2) and (b)(2). He was found in the United States during the course of a traffic stop when a police officer learned that occupants of the stopped vehicle, including Del Castillo-Barron, were not United States citizens and possessed no documents authorizing their presence in the country. On appeal, Del Castillo-Barron argues that the district court erred in denying his motion to suppress evidence obtained following the traffic stop. In support of his argument, Del Castillo-Barron contends that the officer conducting the stop exceeded his jurisdiction under Mississippi state law Case: 15-60623 Document: 00513452566 Page: 2 Date Filed: 04/05/2016 No. 15-60623 because the stop occurred at a location where the officer lacked authority to act. The relevant question is whether the officer, in conducting the traffic stop, violated the Fourth Amendment. See United States v. Walker, 960 F.2d 409, 415 (5th Cir. 1992). Issues regarding local law-enforcement jurisdiction do not govern in a federal criminal action. Id.; United States v. HernandezAcuna, 202 F. App’x 736, 744 (5th Cir. 2006). Del Castillo-Barron does not challenge the district court’s finding that the traffic stop conformed with the standard set forth in Terry v. Ohio, 392 U.S. 1 (1968). The district court, therefore, properly denied the motion to suppress. AFFIRMED. 2
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