United States v. Smith

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _________________ No. 96-40193 Summary Calendar __________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, v. LEWIS WILLARD SMITH, Defendant-Appellant. _________________________________________________________________ Appeal from the United States District Court for the Eastern District of Texas (1:95-CR-93) _________________________________________________________________ January 16, 1997 Before KING, JOLLY, and PARKER, Circuit Judges. PER CURIAM:* Lewis Willard Smith appeals his conviction for possessing with the intent to distribute marijuana. He contends that the district court erred in denying his motion to suppress the evidence seized after his traffic stop. Our review of the record and the arguments and authorities convinces us that the district court’s refusal to suppress the * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 96-40193 - 2 - marijuana found in the search was not error. See United States v. Kelley, 981 F.2d 1464, 1467-72 (5th Cir. 1993). AFFIRMED.