IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 96-50637
Summary Calendar
_____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TONY EDWARD POWELL,
Defendant-Appellant.
_________________________________________________________________
Appeal from the United States District Court for the
Western District of Texas
USDC No. W-95-CR-004-ALL
_________________________________________________________________
April 22, 1997
Before KING, JOLLY, and DENNIS, Circuit Judges.
PER CURIAM:*
Tony Edward Powell appeals his conviction for possession of
crack cocaine with intent to distribute. He argues that the scope
of his consent to search his vehicle for drugs or weapons did not
extend under the hood of the vehicle, and that the evidence at
trial was insufficient to support his conviction. Since the
officer indicated that he wished to search for drugs or weapons,
and since it is objectively reasonable to infer from consent to
*
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this opinion should not be published and is not precedent except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.
such a search that the area under the hood is not excluded, the
search did not exceed the scope of the consent. See United States
v. McSween, 53 F.3d 684, 688 (5th Cir.), cert. denied, 116 S.Ct.
199 (1995); United States v. Rich, 992 F.2d 502, 506-07 (5th Cir.
1993). Powell’s failure to limit the scope of his consent to
exclude the area under the hood further supports the legality of
the search. Id.
Viewing the evidence in the light most favorable to the
government, it does not appear that a manifest miscarriage of
justice has occurred. The record is not devoid of evidence that
Powell knowingly possessed crack cocaine with the intent to
distribute it. See United States v. Garza, 990 F.2d 171, 174 (5th
Cir. 1993); United States v. Pierre, 958 F.2d 1304, 1310 (5th Cir.
1992) (en banc).
A F F I R M E D.
-2-