United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 8, 2004
Charles R. Fulbruge III
Clerk
No. 03-30905
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MICHAEL T. JOHNSON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 02-CR-50070-1-ALL
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Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Michael T. Johnson entered a conditional guilty plea to
being a felon in possession of a firearm, reserving the right to
appeal the district court’s denial of his motion to suppress the
evidence seized from his residence. He argues that the
Government failed to meet its burden to prove that he freely and
voluntarily consented to the search of his residence. A review
of the evidence presented at the evidentiary hearing on the
motion to suppress indicates that the district court did not
*
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that this opinion should not be published and is not precedent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. 03-30905
-2-
clearly err in finding that Johnson freely and voluntarily
consented to the search of the residence. See United States v.
Tompkins, 130 F.3d 117, 120 (5th Cir. 1997). Therefore, the
district court’s judgment is AFFIRMED.
AFFIRMED.