United States v. Allen
United States v. Allen
Opinion
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 97-41478 Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MICHAEL R. ALLEN,
Defendant-Appellant.
-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. C:97-CR-152-2 --------------------
September 23, 1999
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Michael Roy Allen challenges his convictions for conspiracy
to possess with intent to distribute and possession with intent
to distribute marijuana. Allen argues that the district court
erred by denying his motion to suppress because law enforcement
officers did not possess reasonable suspicion to justify the stop
of his vehicle. The district court did not err by denying
Allen’s motion to suppress. The totality of the information
available to the law enforcement officers established reasonable
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 97-41478 -2-
suspicion that Allen was involved in criminal activity and
sufficiently justified the stop. United States v. Chavez-
Villarreal,
3 F.3d 124, 126(5th Cir. 1993); United States v.
Tellez,
11 F.3d 530, 532(5th Cir. 1993).
Allen argues that the district court erred in finding that
he had waived his rights under Miranda v. Arizona,
384 U.S. 436(1966). Blue brief 12-14. Allen has produced nothing to support
his bald assertion that the district court clearly erred in
finding that he understood his rights and voluntarily waived
them. See United States v. Collins,
40 F.3d 95, 98(5th Cir.
1994).
Allen asserts that the district court plainly erred in
failing to give the jury an instruction regarding compensated
witnesses. Allen has not shown plain error with respect to the
jury instructions. See United States v. Narviz-Guerra,
148 F.3d 530, 538, n.5(5th Cir.), cert. denied,
119 S. Ct. 601(1998). :
Allen’s argument that the district court erred by allowing
the Government to present evidence obtained in violation of
18 U.S.C. § 201(c)(2) is foreclosed by United States v. Haese,
162 F.3d 359, 366-68(5th Cir. 1998), cert. denied,
119 S. Ct. 1795(1999).
AFFIRMED.
Reference
- Status
- Unpublished