United States v. McIntyre

Case: 21-30585 Document: 00516190717 Page: 1 Date Filed: 02/03/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
February 3, 2022
No. 21-30585
Lyle W. Cayce
Summary Calendar
Clerk
United States of America,
Plaintiff—Appellee,
versus
John Edward McIntyre,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 3:20-CR-213-1
Before Smith, Stewart, and Graves, Circuit Judges.
Per Curiam:*
John Edward McIntyre pleaded guilty to possession with the intent to
distribute methamphetamine and possession of a firearm in furtherance of
drug trafficking. He now appeals the district court’s denial of his motion to
suppress evidence, arguing that the incriminating evidence at issue was
*
Pursuant to 5th Circuit 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opinion should not be published and is not precedent except under the limited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 5th Circuit Rule 47.5.4.
Case: 21-30585 Document: 00516190717 Page: 2 Date Filed: 02/03/2022
No. 21-30585
discovered pursuant to a pretextual traffic stop. He correctly concedes that
his argument is foreclosed by Whren v. United States, 517 U.S. 806 (1996), but
he wishes to preserve it for further review. The Government moves for
summary affirmance or, in the alternative, for an extension of time to file a
brief.
As the Government asserts and as McIntyre concedes, the sole issue
raised on appeal is foreclosed by Whren. Because the Government’s position
“is clearly right as a matter of law so that there can be no substantial question
as to the outcome of the case,” Groendyke Transp., Inc. v. Davis, 406 F.2d
1158, 1162 (5th Cir. 1969), summary affirmance is proper.
Accordingly, the Government’s motion for summary affirmance is
GRANTED, and the district court’s judgment is AFFIRMED. The
Government’s alternative motion for an extension of time to file a brief is
DENIED.
2