United States v. Orlando Collazo

EMILIO M. GARZA, Circuit Judge:

Orlando Collazo appeals his conviction on one count of operating a motor vehicle while intoxicated in violation of Texas Penal Code § 49.04 as incorporated into federal law by the Assimilative Crimes Act (“ACA”), 18 U.S.C. § 13. We affirm.

I

Collazo, a civilian, was stopped for an identification check at Gate One on Kelly Air Force Base (“Kelly AFB”). Having observed Collazo’s erratic driving, the gate sentry sought to obtain Collazo’s driver’s license and proof of insurance. When Collazo rolled down the window of his pickup truck, the sentry immediately detected…