United States v. Guillermo Rodriguez-Martinez and Auscension Rodriguez-De Leon

POLITZ, Circuit Judge:

Guillermo Rodriguez-Martinez and Auscension Rodriguez-De Leon were found guilty of conspiracy to possess marijuana with intent to distribute and of possession of marijuana with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1) and 846. Appellants appeal the denial of their motion to suppress. The sole issue is whether the Border Patrol agents had a sufficient basis to stop and search appellants’ motor vehicle. Concluding that they did, we affirm.

At approximately 2:00 A.M. on September 19, 1979, Border Patrol officers Alonzo C. Mendoza and Clyde E. Jones…