United States v. Garcia ( 1996 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-30331
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MIGUEL GARCIA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. CR-94-250-T
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September 30, 1996
Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Miguel Garcia appeals his conviction of possession of
cocaine with intent to distribute and conspiracy to possess
cocaine with intent to distribute. He contends that the district
court erred by denying his motion to suppress; that the district
court erred by adjusting his offense level for possession of a
firearm; and that the district court erred by attributing 12.869
kilograms of cocaine to him.
*
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that this opinion should not be published and is not precedent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. 95-30331
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First, Bernardo Garcia’s authority to consent to the search
of the apartment where he and Miguel Garcia resided extended to
Miguel Garcia’s bedroom. Miguel Garcia did not limit Bernardo
Garcia’s access to the bedroom in such a way as to diminish his
control over the premises. United States v. Richard, 994 F.2d
244, 250 (5th Cir. 1993).
Second, is it not clearly improbable that the pistol found
in Miguel Garcia’s bedroom was used in connection with
trafficking in the large amounts of cocaine seized from the
apartment or in the parking lot. The firearm adjustment was not
clearly erroneous. United States v. Castillo, 77 F.3d 1480, 1488
(5th Cir. 1996).
Third, the evidence indicated that Miguel Garcia could
reasonably have foreseen the cocaine delivered to Bernardo Garcia
in the parking lot. The finding that Miguel Garcia was
responsible for 12.869 kilograms of cocaine was not clearly
erroneous. United States v. Thomas, 963 F.2d 63, 64-65 (5th Cir.
1992).
AFFIRMED.