United States v. McQuistion

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 28, 2004
• Docket: 03-51050
• Status: Unpublished

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS April 28, 2004 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk

No. 03-51050 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

KEVIN MARK MCQUISTION,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. MO-03-CR-52-1 --------------------

Before REAVLEY, JOLLY and DENNIS, Circuit Judges.

PER CURIAM:*

Kevin Mark McQuistion appeals from his conditional guilty-

plea conviction for conspiracy to manufacture methamphetamine.

McQuistion argues that the district court erred in denying his

motion to suppress evidence found in a refrigerator and microwave

located on the premises of the Basin Welding Supply Company. The

record shows that Charles Joyce, an owner of the Basin Welding

Supply Company, had common authority to consent to the police

search. See United States v. Shelton, 337 F.3d 529, 531-32 (5th

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 03-51050 -2-

Cir. 2003), petition for cert. filed, 72 U.S.L.W. 3393 (U.S. Nov.

24, 2003) (No. 03-781). As a result, the district court

correctly denied McQuistion’s motion to suppress evidence.

AFFIRMED.