United States v. McAdams

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-20200 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RAY McADAMS, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-97-CR-166-1 - - - - - - - - - - December 10, 1998 Before KING, BARKSDALE, and STEWART, Circuit Judges. PER CURIAM:* Ray McAdams appeals his conviction and sentence for conspiracy to possess cocaine base with intent to distribute and possession of cocaine base with intent to distribute, in violation of 21 U.S.C. §§ 846 and 841(a)(1). He argues that the district court erred in denying his motion to suppress the cocaine base that was seized and the oral and written statements he made to police officers following the seizure. We have reviewed the record and the briefs of the parties and conclude that the district court did not err in denying * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 98-20200 -2- McAdams’ motion to suppress evidence. See United States v. Reyes, 792 F.2d 536, 539 (5th Cir. 1986). The district court did not clearly err in determining that, under the totality of the circumstances, McAdams gave valid consent to search his suitcase, see United States v. Kelley, 981 F.2d 1464, 1470 (5th Cir. 1993), nor did the district court err in concluding that the written statement McAdams gave following his arrest was voluntarily made following a valid waiver of rights under Miranda v. Arizona, 384 U.S. 436 (1966). See United States v. Hall, 152 F.3d 381, 424 (5th Cir. 1998); United States v. Andrews, 22 F.3d 1328, 1337 (5th Cir. 1994). The judgment of the district court is AFFIRMED. H:\MCADAMS.OP