United States v. Puch ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-30891
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DONALD L. PUCH,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 97-CR-30005-1
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April 9, 1998
Before JOLLY, JONES, and DUHÉ, Circuit Judges.
PER CURIAM:*
Donald L. Puch appeals his jury conviction for conspiracy
with intent to distribute cocaine and possession with intent to
distribute cocaine. He argues that the district court abused its
discretion in admitting testimony of the “street” value of the
cocaine given his offer to stipulate to the quantity and that the
district court clearly erred in finding that his consent to the
search of his vehicle had been freely given prior to his arrest.
Puch has not shown that the probative value of the evidence
of the cocaine’s “street” value is substantially outweighed by
*
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that this opinion should not be published and is not precedent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. 97-30891
-2-
the danger that the evidence would inflame the passions of the
jury. Fed. R. Evid. 403; United States v. Rosa-Fuentes, 970 F.2d
1379, 1382 (5th Cir. 1992). With due deference to the magistrate
judge’s credibility determination, and viewing the evidence in
the light most favorable to the Government, the magistrate
judge’s finding that the consent was freely given prior to the
arrest is plausible in light of the record viewed in its entirety
and thus was not clear error. United States v. Thompkins, 130
F.3d 117, 119-20 (5th Cir. 1997); United States v. Breeland, 53
F.3d 100, 103 (5th Cir. 1995).
AFFIRMED.