United States v. Fisher

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

____________________

No. 96-40045 Summary Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus

LEE ANTHONY FISHER, Defendant-Appellant.

_________________________________________________________________

Appeal from the United States District Court for the Eastern District of Texas (No. 1:95-CR-141) _________________________________________________________________ December 4, 1996 Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.

PER CURIAM:*

Lee Anthony Fisher appeals his convictions for being a felon

in possession of a firearm and for possession of cocaine base with

the intent to distribute it, contending that the district court

should have granted his motion to suppress. We conclude that

Fisher failed to make a prima facie case that police officers

conducted an unannounced entry in violation of the Fourth Amendment

and that the district court did not commit clear error in finding

that the entry did not violate the “knock and announce” principle.

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. See Wilson v. Arkansas, ___ U.S. ___, 115 S. Ct. 1914 (1995);

United States v. Fike, 82 F.3d 1315, 1323 (5th Cir.), cert.

denied, sub. nom. Douglas v. United States, cert. denied, 117 S.

Ct. 241 (1996); United States v. Mueller, 902 F.2d 336, 344 (5th

Cir. 1990).

AFFIRMED.