United States Court of Appeals
Fifth Circuit
FILED
IN THE UNITED STATES COURT OF APPEALS June 22, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-41346
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MICHAEL GLEN SEYMOUR,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:03-CR-41-3
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Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Michael Glen Seymour appeals his conviction for conspiracy
to possess with intent to distribute 50 grams or more of cocaine
base in violation of 21 U.S.C. §§ 841(a)(1) and 846. On appeal,
Seymour challenges only the district court’s failure to hold an
evidentiary hearing on his oral motion to suppress evidence.
Because his motion to suppress was not made until the middle of
the trial, the district court denied it as untimely.
*
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this opinion should not be published and is not precedent except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. 03-41346
-2-
A motion to suppress evidence must be made before trial.
FED. R. CRIM. P. 12(b)(3)(C). Failure to raise a motion by the
deadline results in a waiver of the objection. FED. R. CRIM.
P. 12(e). An evidentiary hearing is required on a motion to
suppress “only when necessary to receive evidence on an issue of
fact.” United States v. Harrelson, 705 F.2d 733, 737 (5th Cir.
1983). This court reviews a district court’s refusal to conduct
an evidentiary hearing on a motion to suppress for abuse of
discretion. Id.
Because the district court denied the motion to suppress as
untimely, the district court did not abuse its discretion by not
holding an evidentiary hearing on its substantive merits.
Seymour’s appellate brief does not address the district court’s
conclusion that his motion to suppress was untimely; therefore,
we will not consider this issue on appeal. See Yohey v. Collins,
985 F.2d 222, 224 (5th Cir. 1993).
AFFIRMED.