IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-50577
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
VERSUS
CLEVELAND T. HART,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
(P-96-CR-16-1)
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December 11, 1997
Before JONES, SMITH, and STEWART, Circuit Judges.
PER CURIAM:*
Cleveland Hart appeals his conviction of being a felon in
possession of a firearm in violation of 18 U.S.C. § 922(g)(1). He
claims that the Border Patrol officers were without probable cause
to search his vehicle after they smelled burnt marihuana inside the
vehicle. We have held, however, that “the smell of marihuana alone
*
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should not be published and is not precedent except under the limited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.
may be ground enough for a finding of probable cause.” United
States v. McSween, 53 F.3d 684, 686 (5th Cir. 1995).
Hart also argues that the district court should have granted
his motion for judgment of acquittal under FED. R. CRIM. P. 29
because the evidence was insufficient to establish venue in the
Western District of Texas. Hart did not mention venue in his
motion for acquittal. The indictment charged an offense in the
Western District of Texas. Hart admits that the government
established that the offense occurred at the Sierra Blanca
checkpoint, and he acknowledges that that checkpoint is in the
Western District of Texas. Accordingly, venue was proper.
AFFIRMED.
2