IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-41346 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus SAMUEL TREVINO, Defendant- Appellant.

______________________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. L-99-CR-536-1 ______________________________________ July 25, 2000 Before EMILIO M. GARZA, DeMOSS and STEWART, Circuit Judges.

PER CURIAM:* Samuel Trevino appeals the district court’s denial of his motion to suppress. He argues that the checkpoint operated by the Border Pat rol was constitutionally inadequate. The checkpoint at issue here is substantially similar to one that passed constitutional muster in United States v. Venegas- Sapien, 762 F.2d 417 (5th Cir. 1985). Trevino has not shown, and we cannot discern, any material differences between the two checkpoints. Consequently, Trevino has failed to demonstrate error on the part of the district court, and that court’s denial of Trevino’s motion to suppress is AFFIRMED.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.