United States v. Geronimo Muniz-Melchor

GARWOOD, Circuit Judge:

Defendant-appellant Gerónimo Muniz-Melchor (Muniz-Melchor) appeals his conviction of possession of marihuana with intent to distribute it in violation of 21 U.S.C. § 841(a)(1). Muniz-Melchor contends that the district erred in not suppressing the marihuana removed from a tank mounted in the bed of his truck as fruit of an illegal search under the Fourth Amendment. We affirm.

Facts and Proceedings Below

At approximately 6:15 p.m. on April 12, 1987, Muniz-Melchor approached a tempo*1432rary fixed checkpoint of the United States Border Patrol on Highway 385 approximately five…