IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-50015
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOAQUIN AMBROSIO MARTINEZ,
also known as Joaquin Abriosio Martinez,
Defendant-Appellant.
_______________________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. W-98-CR-73-All
__________________________________________
August 26, 1999
Before KING, Chief Judge, EMILIO M. GARZA and STEWART, Circuit Judges.
PER CURIAM:*
Joaquin Ambrosio Martinez appeals the district court’s denial of his motion to suppress
evidence, two firearms, seized during two warrantless searches of his home. The district court
ruled that exigent circumstances justified the searches.
Martinez argues that the first search, in which a law enforcement officer retrieved a firearm
from the living room floor of Martinez’ home, was unconstitutional. Martinez has not
shown that the district court clearly erred by finding that exigent circumstances justified the search
of Martinez’ living room. See United States v. Morales, 171 F.3d 978, 982 (5th Cir. 1999); United
States v. Rico, 51 F.3d 495, 501 (5th Cir. 1995).
*
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the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.
Martinez also argues that the second search, in which his entire house was searched, was
unconstitutional because no exigent circumst ances existed. The district court found also that
Martinez consented, without threat or coercion, to this search, and Martinez has not shown the
district court clearly erred in doing so. See United States v. Gonzalez, 79 F.3d 413, 421 (5th Cir.
1996); see also United States v. Tello, 9 F.3d 1119, 1128 (5th Cir. 1993) (court of appeals may affirm
district court on any valid ground supported by the record).
The district court’s denial of the motion to suppress is
AFFIRMED.
2