Case: 20-20062 Document: 00515978054 Page: 1 Date Filed: 08/13/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED No. 20-20062 August 13, 2021 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Christhian Josue Fuentes Rodriguez, Defendant—Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No.4:19-CR-112-1 Before Jolly, Duncan, and Oldham, Circuit Judges. Per Curiam:* This case began with a traffic stop. Deputy Crissmon-Stewart of the Fort Bend County Constable’s Office pulled over a Dodge Charger that was going 55mph in a 35mph-zone. Things started to go south when the deputy discovered that the driver, defendant Christhian Rodriguez, had no license or insurance. The deputy thus could not allow Rodriguez to drive the vehicle, * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 20-20062 Document: 00515978054 Page: 2 Date Filed: 08/13/2021 No. 20-20062 but he expressed a willingness to release the car to a friend or family member who had a valid license. Deputy Crissmon-Stewart then ran the license plate number and discovered that it did not match the make and model of the vehicle he had just stopped. He then checked the VIN against the license plate number and learned that it, too, did not match. In the light of this new information, he suspected that the Charger was stolen and, accordingly, the possibility of releasing it to a friend or family member of Rodriguez was off the table. After running the plate, Deputy Crissmon-Stewart walked up to the driver-side window and asked Rodriguez to step out of the vehicle. He handcuffed Rodriguez and put him in the back of the police car. As this was going on, Deputy Crissmon-Stewart and Rodriguez went back and forth about whether the deputy had permission to search the vehicle. Eventually, in the back of the police car, realizing that the car he was driving was about to be searched, Rodriguez stated clearly that he did not consent to a search. Deputy Crissmon-Stewart responded that he had probable cause to search without consent, which he then proceeded to do. The police discovered a handgun, six bullets, two scales, and baggies inside the car. Rodriguez, who is a citizen of Honduras, was indicted in federal district court for violating 18 U.S.C. § 922(g)(5)(A), which prohibits aliens unlawfully present in the United States from possessing firearms or ammunition. Rodriguez moved to suppress the gun and bullets on the ground that they had been obtained through an unconstitutional search. After the district court denied his motion, Rodriguez entered a guilty plea, expressly reserving his right to appeal the denial of the motion to suppress. Now, we provide a more detailed statement of the facts. 2 Case: 20-20062 Document: 00515978054 Page: 3 Date Filed: 08/13/2021 No. 20-20062 I. A. On January 29, 2019, Deputy Crissmon-Stewart pulled …
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