United States v. Young

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT November 11, 2004
Charles R. Fulbruge III
Clerk
No. 04-30239
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARVIN D. YOUNG, also known as Marvin Young,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 03-CR-50056-1
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Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Marvin D. Young appeals his conditional guilty-plea conviction
for conspiracy to distribute 500 grams or more of a mixture or
substance containing a detectable amount of powder cocaine. He
avers that the district court erred in denying his motion to
suppress evidence a result of a search of his residence. Young
argues that the district court’s finding, that exigent
circumstances not manufactured by the Government existed supporting
the warrantless entry into his home, is clearly erroneous.
*
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this opinion should not be published and is not precedent except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. 04-30239
-2-
The district court’s determination that exigent circumstances
supported the warrantless entry is not clearly erroneous. See
United States v. Blount, 123 F.3d 831, 837, 839 (5th Cir. 1997) (en
banc). The court’s finding that officers did not manufacture the
exigency also is supported by the evidence introduced at the
suppression hearing. See United States v. Rico, 51 F.3d 495, 502-
03 (5th Cir. 1995).
AFFIRMED.