IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40172
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HUGO ESCOBAR-GARCIA,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
USDC No. CR-B-95-180-01
- - - - - - - - - -
December 10, 1996
Before WIENER, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Hugo Escobar-Garcia appeals from his conviction of
possession with intent to distribute cocaine. He contends solely
that the search of the vehicle he was driving exceeded the scope
of his consent.
Escobar raises his contention for the first time on appeal;
we review his contention for plain error. United States v.
*
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that this opinion should not be published and is not precedent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.
No. 96-40172
- 2 -
Alvarado-Saldivar, 62 F.3d 697, 699 (5th Cir. 1995), cert.
denied, 116 S. Ct. 742 (1996). The evidence at the suppression
hearing indicated only that Escobar consented to the search; the
evidence indicated nothing else about the consent. “Although the
question of objective reasonableness is a question of law, the
factual circumstances surrounding the consent are central to
determining the nature of the consent and how it would have been
understood by a reasonable person.” United States v. Ibarra, 965
F.2d 1354, 1357 (5th Cir. 1992)(en banc). The record does not
establish clear or obvious error committed by the district court.
United States v. Calverley, 37 F.3d 160, 162-63 (5th Cir. 1994)
(en banc), cert. denied, 115 S. Ct. 1266 (1995).
AFFIRMED.