United States v. Fuller

71 F. App'x 377

Opinion

PER CURIAM. *

Having entered a conditional guilty plea to fraud in connection with a counterfeit access device, Christofer Jon Fuller appeals the district court’s denial of his motion to suppress evidence seized during a search of Fuller’s apartment. Fuller does not dispute that the search was based on probable cause, but he argues that the evidence should be suppressed because the warrant authorizing the search was not signed by a magistrate.

The evidence at the suppression hearing shows that the magistrate judge found probable cause to search Fuller’s apartment; that he did not sign the warrant form due to an inadvertent error; and that the officer who searched Fuller’s apartment believed that he had a valid warrant authorizing the search. Consequently, we AFFIRM the denial of Fuller’s motion to suppress. See United States v. Kelley, 140 F.3d 596, 601-04 (5th Cir.1998); United States v. Shugart, 117 F.3d 838, 844 (5th Cir.1997).

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* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.