United States v. Smith

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit F I L E D No. 06-31325 September 28, 2007 Summary Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee, v. BRANDON O. SMITH, Defendant-Appellant. Appeal from the United States District Court for the Middle District of Louisiana No. 3:05-CR-145-ALL Before REAVLEY, SMITH, and BARKSDALE, Circuit Judges. PER CURIAM:* Having entered a conditional guilty plea to possession with intent to dis- tribute cocaine base and marihuana, carrying a firearm during and in relation * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-31325 to a drug trafficking offense, and possession of a firearm by a felon, Brandon Smith appeals the denial of a motion to suppress evidence seized during an in- ventory search of his vehicle. Smith’s vehicle was impounded and inventoried when he was unable to provide proof of insurance following a valid traffic stop. We see no error in the district court’s implicit finding that the vehicle in- ventory occurred before Smith’s arrest and the discovery of contraband on his person. See United States v. Casteneda, 951 F.2d 44, 48 (5th Cir. 1992). We agree with the district court that the impoundment of Smith’s vehicle was proper under Louisiana law and that the procedure used to inventory the vehicle was acceptable. See Fields v. State, 714 So. 2d 1244, 1250-56 (La. 1998); United States v. Lage, 183 F.3d 374, 380 (5th Cir. 1999). We likewise agree that the rel- evant issue is the good-faith nature of the search rather than the exactness with which non-incriminating items were documented. See United States v. Outlaw, 319 F.3d 701, 704 (5th Cir. 2003). AFFIRMED. 2