United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 15, 2003
Charles R. Fulbruge III
Clerk
No. 02-11097
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHRISTOPHER JON FULLER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:02-CR-42-1-Y
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Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Having entered a conditional guilty plea to fraud in
connection with a counterfeit access device, Christofer Jon
Fuller appeals the district court’s denial of his motion to
suppress evidence seized during a search of Fuller’s apartment.
Fuller does not dispute that the search was based on probable
cause, but he argues that the evidence should be suppressed
because the warrant authorizing the search was not signed by a
magistrate.
*
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that this opinion should not be published and is not precedent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. 02-11097
-2-
The evidence at the suppression hearing shows that the
magistrate judge found probable cause to search Fuller’s
apartment; that he did not sign the warrant form due to an
inadvertent error; and that the officer who searched Fuller’s
apartment believed that he had a valid warrant authorizing the
search. Consequently, we AFFIRM the denial of Fuller’s motion to
suppress. See United States v. Kelley, 140 F.3d 596, 601-04 (5th
Cir. 1998); United States v. Shugart, 117 F.3d 838, 844 (5th Cir.
1997).
AFFIRMED.