United States v. Delacruz

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED April 15, 2008 No. 07-50650 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. DAVID DELACRUZ, also known as David De-La-Cruz Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 6:05-CR-209-1 Before PRADO, OWEN, and SOUTHWICK, Circuit Judges. PER CURIAM:* David Delacruz appeals his guilty plea conviction for possession with intent to distribute methamphetamine and aiding and abetting and possession of a firearm in furtherance of a drug trafficking crime and aiding and abetting. He argues that the district court erred in denying his motion to suppress evidence. Delacruz’s voluntary and unconditional guilty plea waived all nonjurisdictional defects that occurred prior to the plea. See United States v. Lampazianie, 251 F.3d 519, 525 (5th Cir. 2001). Accordingly, the argument is waived and the conviction is AFFIRMED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.