United States v. Jackson ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 29, 2004
Charles R. Fulbruge III
Clerk
No. 04-20113
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
GARY ORNETTE JACKSON
Defendant - Appellant
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-02-CR-628-ALL
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Before KING, Chief Judge, and DAVIS and STEWART, Circuit Judges.
PER CURIAM:*
Gary Ornette Jackson appeals his conviction and sentence
following a bench trial for being a felon in possession of a
firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2).
Jackson argues that the district court erred when it denied his
motion to suppress because the police did not obtain valid
consent to search his hotel room. Jackson fails to show that the
district court’s finding that valid consent was given for
officers to search his hotel room was clearly erroneous or
*
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this opinion should not be published and is not precedent except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. 04-20113
-2-
influenced by an incorrect view of the law. See Illinois v.
Rodriguez, 497 U.S. 177, 186-87 (1990); United States v. Outlaw,
319 F.3d 701, 703 (5th Cir. 2003); United States v. Jenkins, 46
F.3d 447, 451 (5th Cir. 1995).
Jackson’s alternative argument that the district court erred
when it denied his motion to suppress because the search of his
hotel room was not made incident to a lawful arrest or due to
exigent circumstances does not rise to the level of plain error.
See United States v. Olano, 507 U.S. 725, 731-37 (1993); United
States v. Calverley, 37 F.3d 160, 162-64 (5th Cir. 1994) (en
banc).
Jackson’s conviction and sentence are AFFIRMED.