United States v. Delacruz , 275 F. App'x 276 ( 2008 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 15, 2008
No. 07-50650
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
DAVID DELACRUZ, also known as David De-La-Cruz
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:05-CR-209-1
Before PRADO, OWEN, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
David Delacruz appeals his guilty plea conviction for possession with
intent to distribute methamphetamine and aiding and abetting and possession
of a firearm in furtherance of a drug trafficking crime and aiding and abetting.
He argues that the district court erred in denying his motion to suppress
evidence. Delacruz’s voluntary and unconditional guilty plea waived all
nonjurisdictional defects that occurred prior to the plea. See United States v.
Lampazianie, 251 F.3d 519, 525 (5th Cir. 2001). Accordingly, the argument is
waived and the conviction is AFFIRMED.
*
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should not be published and is not precedent except under the limited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.