United States v. Menchaca

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-51037

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

JOSE MENCHACA, also known as Joe Menchaca, also known as Joe L. Menchaca, also known as Jose Luis Menchaca,

Defendant-Appellant.

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Appeal from the United States District Court for the Western District of Texas USDC No. SA-98-CR-96-ALL - - - - - - - - - -

July 6, 1999

Before EMILIO M. GARZA, BENAVIDES and STEWART, Circuit Judges. PER CURIAM:*

José Menchaca appeals his jury conviction for possession of a firearm by a felon and possession of a firearm with obliterated serial numbers. He contends that his statement made to the police should have been suppressed at trial because he was not advised of his Miranda1 rights. No motion to suppress was filed in the district court and thus any argument with respect thereto No. 98-51037 -2- is waived. See United States v. Chavez-Valencia, 116 F.3d 127, 130 (5th Cir.), cert. denied, 118 S. Ct. 325 (1997); FED. R. CRIM. P. 12(b)(3). The judgment of the district court is AFFIRMED.