United States v. Jones

Opinion

Case: 20-10871 Document: 00515885391 Page: 1 Date Filed: 06/03/2021

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED June 3, 2021 No. 20-10871 Lyle W. Cayce Summary Calendar Clerk

United States of America,

Plaintiff—Appellee,

versus

Korey J. Jones,

Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:20-CR-64-1

Before Higginbotham, Jones, and Costa, Circuit Judges. Per Curiam:* Korey Jones pleaded guilty to one count of illegally possessing a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). On appeal, he challenges the district court’s denial of a motion to suppress evidence obtained during a search of his residence pursuant to a state-issued warrant.

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 20-10871 Document: 00515885391 Page: 2 Date Filed: 06/03/2021

No. 20-10871

Jones argues that the search warrant affidavit omitted material facts and that it lacked indicia of probable cause that contraband would be found at his residence. Reviewing the district court’s factual findings for clear error and legal conclusions de novo, United States v. Cavazos, 288 F.3d 706, 709 (5th Cir. 2002), we hold that the affidavit provided sufficient facts to support the issuance of the warrant and that any omissions or misrepresentations therein were not material to the finding of probable cause. See United States v. Davis, 226 F.3d 346, 351 (5th Cir. 2000); United States v. Satterwhite, 980 F.2d 317, 321 (5th Cir. 1992). Accordingly, the district court’s judgment is AFFIRMED.