United States v. Lewis ( 2001 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-11386
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JULIAN JERMAINE LEWIS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:00-CR-161-1-H
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September 5, 2001
Before JOLLY, SMITH, and STEWART, Circuit Judges.
PER CURIAM:*
Julian Lewis appeals his conviction, based on a conditional
guilty plea, for possession of a firearm by a convicted felon.
While conceding that the investigatory stop was legal, Lewis
argues that the search of his person and vehicle was unreasonable
under Terry v. Ohio, 392 U.S. 1 (1968).
Without a possessory interest in the vehicle, Lewis lacked
standing to complain of its search. See United States v. Elwood,
993 F.2d 1146, 1151 (5th Cir. 1993). Thus, the district court
correctly refused to suppress the pistol found in the car. Lewis
*
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that this opinion should not be published and is not precedent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. 00-11386
-2-
also provides no persuasive argument that district court should
have suppressed his pre-arrest statement acknowledging ownership
of the pistol. See United States v. Landry, 903 F.2d 334, 337
(5th Cir. 1990). Finally, while Lewis complains of the search of
his person, that search did not uncover any evidence.
AFFIRMED.