NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 05a0038n.06 Filed: January 12, 2005

No. 04-3086

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

UNITED STATES OF AMERICA, ) ) Plaintiff-Appellee, ) ) v. ) ON APPEAL FROM THE UNITED ) STATES DISTRICT COURT FOR THE TOMMY HOWARD, ) SOUTHERN DISTRICT OF OHIO ) Defendant-Appellant. )

Before: DAUGHTREY, COOK, and FARRIS,* Circuit Judges.

PER CURIAM. Tommy Howard appeals the district court’s order denying his motion to suppress

evidence. After hearing oral argument and reviewing the record, the parties’ briefs, and the

applicable law, this court determines that no jurisprudential purpose would be served by a panel

opinion and affirms the district court’s decision for the reasons stated in that court’s October 7, 2003

Order.

* The Honorable Jerome Farris, United States Circuit Judge for the Ninth Circuit Court of Appeals, sitting by designation.