United States v. King

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-50924 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

DERNEL DUPREE KING,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. MO-98-CR-90-1 - - - - - - - - - - July 26, 2001 Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Dernel Dupree King appeals his conditional guilty-plea

conviction and sentence for possession with intent to distribute

cocaine in violation of 21 U.S.C. § 841. He argues that the

district court erred in denying his motion to suppress.

We hold that the district court did not err in denying the

motion to suppress. Although King limited the manner in which the

search could be conducted, he did not completely withdraw his

consent to the search, and the investigating officer did not exceed

the limits imposed on the search. See Florida v. Jimeno, 500 U.S.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 99-50924 -2-

248 (1991); United States v. McSween, 53 F.3d 684 (5th Cir. 1995).

AFFIRMED.