United States v. Smith

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 95-20864 (Summary Calendar)

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RAYMOND DALE SMITH, Defendant-Appellant.

Appeal from United States District Court for the Southern District of Texas (CR-H-95-9)

August 14, 1996 Before DAVIS, EMILIO M. GARZA, and STEWART, Circuit Judges.

PER CURIAM:* Raymond Dale Smith appeals his conviction and sentence for possession of a firearm by a felon. We reject Smith’s argument that evidence should have been suppressed. The affidavit supporting the search warrant was not so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable. United States v. Satterwhite, 980 F.2d 317, 320 (5th Cir. 1992); see United States v. Brown, 941 F.2d 1300, 1303-04 (5th Cir.), cert. denied, 502 U.S. 1008

(1991). We decline to address Smith’s allegations of ineffective assistance of counsel because he did not present them to the district court; thus, the record is inadequate to eval uate the merits of the claim. United States v. Higdon, 832 F.2d 312, 313-14 (5th Cir. 1987), cert. denied, 484 U.S. 1075 (1988). The district court did no t clearly err by denying Smith a reduction in offense level for acceptance of responsibility. United States v. Gonzalez, 19 F.3d 982, 983 (5th Cir.), cert. denied, 115 S. Ct. 229 (1994).

AFFIRMED.