IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-40711
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RODOLFO ZARATE,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-01-CR-38-1
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June 18, 2002
Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Following the denial of his motion to suppress evidence
seized during a traffic stop, Rodolfo Zarate was convicted in a
bench trial for counts 1 and 2 of an indictment charging him with
transportation of illegal aliens. Zarate has appealed the
district court's finding at sentencing that he was not entitled
to a two-level adjustment in offense level for acceptance of
responsibility. Zarate argues that his case should be
distinguished from this court's opinion in United States v.
*
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this opinion should not be published and is not precedent except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. 01-40711
-2-
Maldonado, 42 F.3d 906, 913-14 (5th Cir. 1995).** Zarate's
argument is without merit. As in Maldonado, the dispositive
evidence in this case was the very evidence which Zarate sought
to suppress. See id. at 913. Under Maldonado, the district
court's ruling was not "without foundation," see id. at 913-14,
and must be
AFFIRMED.
**
Zarate also contends that Maldonado was wrongly decided
and that the issue has been raised to preserve it for en banc
consideration or for Supreme Court review.