United States v. Harvick , 187 F. App'x 372 ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 20, 2006
Charles R. Fulbruge III
Clerk
No. 05-10401
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
GLEN HARVICK
Defendant - Appellant
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:04-CR-23-4-Y
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Before KING, WIENER, and DeMOSS, Circuit Judges.
PER CURIAM:*
Glen Harvick appeals his conviction for importation of
methylenedioxymethamphetamine (MDMA) and aiding and abetting,
contending that the district court should have granted his motion
to suppress. Relying on Wilson v. Arkansas, 514 U.S. 927, 931
(1995), and 18 U.S.C. § 3109, Harvick argued in the district
court that the officers did not comply with the “knock and
announce” rule before entering the apartment where the MDMA was
found.
*
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this opinion should not be published and is not precedent except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. 05-10401
-2-
On appeal, Harvick challenges only the district court’s
factual determination that the officers did not conduct an
unannounced entry in violation of the Fourth Amendment. After
reviewing the transcript of the suppression hearing, we conclude
that the district court did not commit clear error in finding
that the entry did not violate the “knock and announce”
principle. See United States v. Santiago, 310 F.3d 336, 340 (5th
Cir. 2002).
AFFIRMED.