United States v. Johnson

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 8, 2004

Charles R. Fulbruge III Clerk No. 03-30905 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MICHAEL T. JOHNSON,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Louisiana USDC No. 02-CR-50070-1-ALL --------------------

Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.

PER CURIAM:*

Michael T. Johnson entered a conditional guilty plea to

being a felon in possession of a firearm, reserving the right to

appeal the district court’s denial of his motion to suppress the

evidence seized from his residence. He argues that the

Government failed to meet its burden to prove that he freely and

voluntarily consented to the search of his residence. A review

of the evidence presented at the evidentiary hearing on the

motion to suppress indicates that the district court did not

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 03-30905 -2-

clearly err in finding that Johnson freely and voluntarily

consented to the search of the residence. See United States v.

Tompkins, 130 F.3d 117, 120 (5th Cir. 1997). Therefore, the

district court’s judgment is AFFIRMED.

AFFIRMED.