United States v. Rice

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_______________________

No. 95-10698 _______________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

RANDY FRANKLIN RICE,

Defendant-Appellant.

_________________________________________________________________

Appeal from the United States District Court for the Northern District of Texas (2:95-CR-14-1) _________________________________________________________________

May 7, 1996

Before POLITZ, Chief Judge, JONES and BARKSDALE, Circuit Judges.

PER CURIAM:*

Randy Franklin Rice appeals the district court’s denial

of his motion to suppress. Having thoroughly reviewed the briefs

and the record in light of the candid and helpful presentations at

oral argument, we find no clear error of fact or reversible error

of law in the district court’s determination that the handcuffing

of Rice did not vitiate his consent to search his automobile and

that the police had authority to search the packages of suspected

contraband that they had validly taken into custody.

AFFIRMED.

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.