United States Fifth Circuit

In a prosecution for, inter alia, conspiracy to possess with intent to distribute more than 1,000 kilograms of marijuana, denial of defendant's motion to suppress evidence of the marijuana is affirmed where: 1) the district court did not err in upholding a protective search or in denying the motion to suppress evidence of marijuana and firearms found in plain view during that sweep; and 2) also, a conclusion that defendant and his wife gave free and voluntary consent for the search was proper.

Appellate Information

• Decided 02/11/2008
• Published 02/11/2008

Judges

• OWEN, Circuit Judge:, Before JOLLY, CLEMENT and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Mary Jane Harmon (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S., Edward A. Mallett (argued), Mallett, Guiberson, Saper, Houston, TX, for Mata.