No. 98-30795
-1-
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-30795
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RODNEY ANTONIO LUSK,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 97-CR-116-ALL-C
- - - - - - - - - -
March 5, 1999
Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.
PER CURIAM:*
Rodney Lusk appeals his jury conviction of possession with
intent to distribute over five grams of cocaine base and possession
with intent to distribute cocaine hydrochloride. Lusk contends
that 1) the search warrant was invalid because it listed the wrong
address for Lusk’s house and that the district court erred in
denying the motion to suppress the evidence obtained during the
search and Lusk’s subsequent confession and 2) that the district
court should have excluded the Drug Enforcement Administration
*
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that this opinion should not be published and is not precedent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. 98-30795
-2-
(DEA) agent’s expert testimony regarding drug trafficking because
it improperly gave an opinion about whether Lusk had the intent to
distribute and because the Government’s evidence of such an intent
was weak.
Our review of the record reveals that the search warrant’s
listing of the wrong address did not render it so facially
deficient that the officers would have been unreasonable in
presuming the warrant valid and that there was no possibility that
the officers would have searched the wrong house. The officers
acted in good faith when executing the warrant, and the district
court’s denial of the motion to suppress evidence and Lusk’s
confession was not error. See United States v. Gordon, 901 F.2d
48, 50 (5th Cir. 1990).
The district court did not abuse its discretion in admitting
the DEA agent’s expert testimony about drug trafficking. United
States v. Washington, 44 F.3d 1271, 1283 (5th Cir. 1995); United
States v. Gonzales, 131 F.3d 928, 936 (5th Cir. 1997), cert.
denied, 118 S. Ct. 726 (1998).
AFFIRMED.