United States v. Richardson (848 F.2d 509, 1988)

GARWOOD, Circuit Judge:

Appellant Mack Allen Richardson (Richardson) was charged in a three-count indictment with conspiracy to possess more than 500 grams of cocaine with intent to distribute it, contrary to 21 U.S.C. §§ 841(a)(1) and 846, possession of more than 500 grams of cocaine with intent to distribute it, contrary to 21 U.S.C. § 841(a)(1), and interstate travel in aid of illegal activities, contrary to 18 U.S.C. § 1952. Following a bench trial, Richardson was acquitted of the conspiracy count and convicted on the other two counts. He was sentenced to twelve years’ confinement, plus four years’ supervised release, on the possession with intent to distribute count and to a consecutive three-year term on the Travel Act count. Richardson appeals, complaining of the denial of his motion to suppress the cocaine discovered in the search of the car he was driving and asserting that the evidence is insufficient to support his conviction.

The search in question was conducted at the Sierra Blanca checkpoint on January 6, 1987, several months prior to our August 17, 1987 decision in United States v. Jackson, 825 F.2d 853 (5th Cir.1987) (en banc), cert. denied sub nom. Ryan v. United States, — U.S.-, 108 S.Ct. 711, 98 L.Ed.2d 661 (1988), cert. denied sub nom. Browning v. United States, — U.S. -, 108 S.Ct. 730, 98 L.Ed.2d 679 (1988) (