IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
January 6, 2010
No. 08-51263
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
STEPHEN MCCORD,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:08-CR-194-ALL
Before REAVLEY, JOLLY, and OWEN, Circuit Judges.
PER CURIAM:*
Stephen McCord appeals following his conditional guilty-plea conviction
of possession of firearms by a convicted felon. McCord argues that the district
court erred by denying his motion to suppress. In particular, he contends that
the search of his residence was not authorized as a condition of his probation
because this condition was unconstitutional and he did not voluntarily agree to
*
Pursuant to 5 TH C IR. 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should not be published and is not precedent except under the limited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 5 TH C IR. R. 47.5.4.
No. 08-51263
it. Additionally, he asserts that the search was not supported by reasonable suspicion.
At the time the search was conducted, there was recent evidence from a
confidential informant, who had previously provided reliable information, that
McCord was manufacturing methamphetamine at his residence, and McCord
himself admitted that he was cooking methamphetamine. Because we find
under the totality of the circumstances that reasonable suspicion existed to
support the search of McCord’s residence, we need not reach the issue of the
validity of the probationary condition allowing suspicionless searches. See
United States v. Knights, 534 U.S. 112, 118-21 (2001); United States v. Martinez,
486 F.3d 855, 859 (5th Cir. 2007); United States v. Boruff, 909 F.2d 111, 117 (5th
Cir. 1990) .
AFFIRMED.
2