U.S. Court of Appeals for the Fifth Circuit, 2007

United States v. Larkin

United States v. Larkin
U.S. Court of Appeals for the Fifth Circuit · Decided June 15, 2007 · Jones, Jolly, Owen
231 F. App'x 345

United States v. Larkin

Opinion

PER CURIAM: *

Mark Charles Larkin was convicted by a jury and sentenced to a total of 78-months of imprisonment for possessing with the intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1), and being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). He now appeals.

Larkin argues that the district court erred in denying his motion to suppress the evidence seized following the execution of a search warrant at his residence. As the affidavit submitted in support of the search warrant was more than a “bare bones” affidavit, the officers who executed the warrant relied on it in good faith, and the evidence was admissible. See United States v. Satterwhite, 980 F.2d 317, 320-21 (5th Cir. 1992). The district court did not err in denying Larkin’s motion to suppress.

Larkin also challenges the sufficiency of the evidence supporting both of his convictions. Viewing the evidence in the light most favorable to the verdict, we have determined that a rational trier of fact could have found that the evidence established Larkin’s guilt beyond a reasonable doubt as to both offenses. See United States v. McKnight, 953 F.2d 898, 901-03 & n. 3 (5th Cir. 1992).

The judgment of the district court 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.