IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-50239
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HILLIARD MCCULLOUGH, III,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-96-CR-49-2
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September 24, 1997
Before KING, HIGGINBOTHAM, and DAVIS, Circuit Judges.
PER CURIAM:*
Hilliard McCullough, III, appeals the district court’s
denial of his motion to suppress. He also appeals his sentence.
McCullough argues that the unannounced entry of the police into
the motel room, without exigent circumstances, violated the
Fourth Amendment. There was a reasonable suspicion that knocking
and announcing would be futile and allow escape or destruction of
evidence. Richards v. Wisconsin, 117 S. Ct. 1416, 1421 (1997).
*
Pursuant to 5TH CIR. R. 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that this opinion should not be published and is not precedent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 5TH CIR.
R. 47.5.4.
McCullough argues that the district court erred by
attributing co-defendant King’s drugs to him at sentencing. The
district court did not clearly err in finding that McCullough was
responsible for King’s drugs. United States v. Smith, 13 F.3d
860, 864-65 and n.7 (5th Cir. 1994).
AFFIRMED.
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