IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-40266
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESUS NARVAEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-97-CR-371-1
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February 26, 1999
Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Jesus Iturbe Narvaez appeals his conviction of possession
with the intent to distribute more than 500 grams of cocaine in
violation of 18 U.S.C. § 841(b)(1)(B). He asserts that the
district court erred in denying his motion to suppress all
evidence obtained through a search of his residence. Narvaez
contends that the affidavit offered in support of the warrant to
search his home lacked sufficient indicia of probable cause that
*
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that this opinion should not be published and is not precedent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. 98-40266
-2-
evidence of drug-trafficking activities would be found there. He
further asserts that the affidavit was so conspicuously lacking
in probable cause that the good-faith exception does not apply.
He also urges that the district court’s factual findings were
clearly erroneous in light of the fact that the bulk of the
affidavit refers not to his actions, but rather to those of some
individual named “Nerves.”
The district court’s factual findings were not clearly
erroneous. The district court found, albeit implicitly, that all
references in the affidavit to “Nerves” were, in fact, references
to the appellant. This finding is supported by the record. See
United States v. Rivas, 157 F.3d 364, 367 (5th Cir. 1998).
Narvaez’s assertion that the good-faith exception is inapplicable
is also unavailing. The affidavit was not so facially deficient
that the executing officers could not reasonably have presumed it
to be valid. See United States v. Leon, 468 U.S. 897, 923
(1984). Because the good-faith exception is applicable and no
novel question of law is presented, this court need not address
whether the affidavit contained sufficient indicia of probable
cause. See United States v. Satterwhite, 980 F.2d 317, 320 (5th
Cir. 1992). Accordingly, Narvaez’s conviction is AFFIRMED.