United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT March 30, 2006
Charles R. Fulbruge III
Clerk
No. 05-30424
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LEONARD RAY SMITH,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:04-CR-50095-1
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Before SMITH, GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Leonard Ray Smith appeals his conviction for possession with
the intent to distribute ecstasy and possession of a firearm in
furtherance of a drug-trafficking crime. Smith argues that the
district court erred in denying his motion to continue the
suppression hearing and that the district court erred in denying
the motion to suppress the evidence.
This court will only overturn the denial of a motion to
continue if the defendant shows that the district court abused
*
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this opinion should not be published and is not precedent except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. 05-30424
-2-
its discretion and that he suffered serious prejudice. United
States v. Scott, 48 F.3d 1389, 1393 (5th Cir. 1995). Smith’s
contention that he was entitled to test the credibility of the
confidential informant is incorrect. Further, the informant’s
testimony was irrelevant to the determination made by the
district court regarding the suppression of the evidence. The
district court did not abuse its discretion in denying the motion
to continue.
Smith next contends that the district court should have
granted the motion to suppress the evidence because the actions
of the law enforcement officers violated his Louisiana
constitutional rights. The reasonableness of the search under
the Fourth Amendment is not dependent upon state law. United
States v. Eastland, 989 F.2d 760, 766 (5th Cir. 1993); see also
United States v. Walker, 960 F.2d 409, 415 (5th Cir. 1992).
Accordingly, Smith’s conviction is AFFIRMED.