United States v. Fisher

                  UNITED STATES COURT OF APPEALS
                       FOR THE FIFTH CIRCUIT

                       ____________________

                           No. 96-40045
                         Summary Calendar
                       ____________________

                    UNITED STATES OF AMERICA,
                                                Plaintiff-Appellee,

                              versus

                       LEE ANTHONY FISHER,
                                                Defendant-Appellant.

_________________________________________________________________

           Appeal from the United States District Court
                 for the Eastern District of Texas
                         (No. 1:95-CR-141)
_________________________________________________________________
                          December 4, 1996
Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.

PER CURIAM:*

     Lee Anthony Fisher appeals his convictions for being a felon

in possession of a firearm and for possession of cocaine base with

the intent to distribute it, contending that the district court

should have granted his motion to suppress.        We conclude that

Fisher failed to make a prima facie case that police officers

conducted an unannounced entry in violation of the Fourth Amendment

and that the district court did not commit clear error in finding

that the entry did not violate the “knock and announce” principle.


     *
          Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
See Wilson v. Arkansas, ___ U.S. ___, 115 S. Ct. 1914 (1995);

United States v. Fike, 82 F.3d 1315, 1323 (5th Cir.),         cert.

denied, sub. nom.   Douglas v. United States, cert. denied, 117 S.

Ct. 241 (1996); United States v. Mueller, 902 F.2d 336, 344 (5th

Cir. 1990).

                                                  AFFIRMED.