United States v. Smith

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

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No. 96-40193
Summary Calendar
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UNITED STATES OF AMERICA,

Plaintiff-Appellee,
v.

LEWIS WILLARD SMITH,

Defendant-Appellant.

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Appeal from the United States District Court
for the Eastern District of Texas
(1:95-CR-93)
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January 16, 1997
Before KING, JOLLY, and PARKER, Circuit Judges.

PER CURIAM:*

Lewis Willard Smith appeals his conviction for possessing

with the intent to distribute marijuana. He contends that the

district court erred in denying his motion to suppress the

evidence seized after his traffic stop.

Our review of the record and the arguments and authorities

convinces us that the district court’s refusal to suppress the

*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
 No. 96-40193
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marijuana found in the search was not error. See United States

v. Kelley, 981 F.2d 1464, 1467-72 (5th Cir. 1993).

AFFIRMED.