United States v. Harris

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-60822 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus GERRY INDIANA HARRIS, also known as Gerri Harris, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Mississippi USDC No. 2:96-CR-59-B - - - - - - - - - - October 23, 1997 Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges. PER CURIAM:* Gerry Indiana Harris appeals the district court’s denial of his motion to suppress evidence obtained pursuant to a consensual search. The district court did not commit clear error in finding that the Government proved, by a preponderance of the evidence, that Harris’ consent was voluntary. See United States v. Gonzales, 79 F.3d 413, 419 (5th Cir.), cert. denied, 117 S. Ct. 183 (1996); United States v. Kelley, 981 F.2d 1464, 1470 (5th * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 96-60822 -2- Cir. 1993). The district court did not commit clear error in holding that Harris’ consent was to the search of his entire vehicle. See United States v. McSween, 53 F.3d 684, 688 (5th Cir. 1995). AFFIRMED.