United States v. Jones

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. 03-20568 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

MARKER ALLEN JONES,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-02-CR-567-ALL --------------------

Before REAVLEY, JONES and PRADO, Circuit Judges.

PER CURIAM:*

Marker Allen Jones appeals from his conviction for armed

bank robbery in violation of 18 U.S.C. §§ 2113(a), (d), and 2,

and using, carrying, and brandishing a firearm during and in

relation to a crime of violence in violation of 18 U.S.C.

§§ 924(c)(1)(A)(i), (ii), and 2. Jones argues that the district

court erred in not allowing him to present evidence in support

of his motion to suppress by holding a hearing pursuant to

Franks v. Delaware, 438 U.S. 154, 155-56 (1978).

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 03-20568 -2-

This court reviews the denial of a Franks hearing de novo.

United States v. Martin, 332 F.3d 827, 833 (5th Cir. 2003).

Jones has not made the preliminary showing required to establish

entitlement to a Franks hearing. United States v. Brown,

298 F.3d 392, 395 (5th Cir. 2002), cert. denied, 537 U.S. 1134

(2003).

AFFIRMED.