United States v. Goldberg

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS September 24, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk

No. 03-50099
Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

RONALD JAMES GOLDBERG,

Defendant-Appellant.

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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-02-CR-1361-ALL-DB
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Before DUHÉ, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM:1

Ronald Goldberg entered a conditional guilty plea to

possession with intent to distribute marijuana. He appeals the

district court’s denial of his motion to suppress the marijuana and

argues that the totality of the circumstances did not indicate that

he had committed or was committing an offense at the time of his

arrest and that the marijuana, which was in plain view in the back

1
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that this opinion should not be published and is not precedent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.
seat of his vehicle, was improperly seized because the stop and

detention were illegal.

Our review of the record reveals that the federal agents

reasonably believed from the totality of circumstances that

Goldberg was conducting a drug transaction and that probable cause

existed for the arrest. See United States v. Garcia, 179 F.3d 265,

268-70 (5th Cir. 1999). The marijuana was properly seized. See

Texas v. Brown, 460 U.S. 730, 740 (1983); United States v. Wilson,

36 F.3d 1298, 1306 (5th Cir. 1994). The district court’s denial of

the motion to suppress was correct.

AFFIRMED.