United States v. Sewell

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-41587 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus EARNEST GENE SEWELL, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:98-CR-51-1 - - - - - - - - - - August 12, 1999 Before KING, Chief Judge, and HIGGINBOTHAM and STEWART, Circuit Judges. PER CURIAM:* Earnest Gene Sewell appeals his conditional guilty-plea conviction for possession with intent to distribute crack cocaine. Sewell argues that the district court erred in denying his motion for the disclosure of the confidential informant and his motion to suppress evidence seized following a traffic stop of his vehicle. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 98-41587 -2- Sewell did not preserve the right to appeal the district court’s denial of his motion to disclose the informant’s identity as required by Fed. R. Crim. P. 11(a)(2). Accordingly, that issue is waived. We have reviewed the record and the briefs of the parties and hold that there was reasonable suspicion of criminal activity to justify stopping Sewell’s vehicle in light of the confidential informant’s specific and accurate information and the officers’ own personal knowledge and observation. Adams v. Williams, 407 U.S. 143, 147 (1972); United States v. Roch, 5 F.3d 894, 898 (5th Cir. 1993). AFFIRMED.