United States v. Harmon
United States v. Harmon
Opinion
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 99-10400 Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
D’RON LAMAR HARMON, also known as Dron Lamar Harmon,
Defendant-Appellant.
- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:98-CR-169-1-A - - - - - - - - - -
November 15, 1999
Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
D’Ron Lamar Harmon appeals his guilty-plea conviction of
possession of cocaine with intent to distribute, in violation of
21 U.S.C. § 841(a)(1). Harmon argues that the district court
erred in denying his motion to suppress the cocaine that police
officers seized from his person at Dallas-Forth Worth
International Airport.
We have reviewed the record and the briefs of the parties
and conclude that the district court did not err in denying
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 99-10400 -2-
Harmon’s motion to suppress evidence. See United States v.
Chavez-Villarreal,
3 F.3d 124, 126(5th Cir. 1993). The district
court did not clearly err in determining that, under the totality
of the circumstances, the testimony of a police officer who
stated that Harmon had consented to the search of his person was
more credible that of Harmon, who stated that he did not give
consent. See United States v. Garza,
118 F.3d 278, 283(5th Cir.
1997) (this court will not second-guess district court’s
credibility determinations), cert. denied,
118 S. Ct. 699(1998);
United States v. Kelley,
981 F.2d 1464, 1470(5th Cir. 1993)
(voluntary consent can validate warrantless search).
The judgment of the district court is AFFIRMED.
Reference
- Status
- Unpublished