United States v. Rodriguez

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 95-20779 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellant,

versus

LUIS RODRIGUEZ,

Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-94-249 - - - - - - - - - - July 1, 1996 Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.

PER CURIAM:*

Rodriguez appeals his guilty-plea conviction for conspiracy

to possess, and possession with intent to distribute in excess of

five kilograms of cocaine, in violation of 21 U.S.C. § 846. He

contends the search of the vehicle he was driving violated his

rights under the Fourth Amendment. However, Rodriguez’s

unconditional plea of guilty constitutes a waiver of any

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 95-20779 - 2 -

objections to nonjurisdictional errors, including Fourth

Amendment caims. See Tollett v. Henderson, 411 U.S. 258, 267, 93

S.Ct. 1602, 1608, 36 L.Ed.2d 235 (1973); United States v.

Smallwood, 920 F.2d 1231, 1240 (5th Cir.), cert. denied, 501 U.S.

1238, 111 S.Ct. 2870, 115 L.Ed.2d 1035 (1991).

The appeal is frivolous. See 5th Cir. R. 42.2.

APPEAL DISMISSED.