Filed: Feb. 08, 1996
Latest Update: Mar. 02, 2020
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 95-20392 Summary Calendar _ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus EULALIO MARTINEZ, Defendant-Appellant. _ Appeal from the United States District Court for the Southern District of Texas (CR-94-H-0268) _ February 1, 1996 Before KING, SMITH, and BENAVIDES, Circuit Judges. PER CURIAM:* Eulalio Martinez appeals his conviction and sentence for possession with intent to distribute cocaine, in violation of 21 U.S.C. §§ 841(a)(1)
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 95-20392 Summary Calendar _ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus EULALIO MARTINEZ, Defendant-Appellant. _ Appeal from the United States District Court for the Southern District of Texas (CR-94-H-0268) _ February 1, 1996 Before KING, SMITH, and BENAVIDES, Circuit Judges. PER CURIAM:* Eulalio Martinez appeals his conviction and sentence for possession with intent to distribute cocaine, in violation of 21 U.S.C. §§ 841(a)(1) ..
More
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-20392
Summary Calendar
__________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
EULALIO MARTINEZ,
Defendant-Appellant.
______________________________________________
Appeal from the United States District Court for the
Southern District of Texas
(CR-94-H-0268)
______________________________________________
February 1, 1996
Before KING, SMITH, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Eulalio Martinez appeals his conviction and sentence for
possession with intent to distribute cocaine, in violation of 21
U.S.C. §§ 841(a)(1) and (b)(1)(A). He argues that the district
court erred in denying his motion to suppress evidence seized from
a truck he was driving and in denying him a Sentencing Guidelines
offense level reduction for acceptance of responsibility. We
affirm both the conviction and sentence for the following reasons:
*
Pursuant to Local 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opinion should not be published and is not precedent except under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 Local Rule 47.5.4.
1. The district court correctly denied Martinez's motion to
suppress complaining of the search of the pickup truck. Martinez
abandoned the truck and had no reasonable expectation of privacy
with respect to such automobile. See United States v. Barlow,
17
F.3d 85, 88 (5th Cir. 1994); United States v. Edwards,
441 F.2d
749, 751 (5th Cir. 1971).
2. Martinez has failed to demonstrate that the district
court clearly erred in denying his request for a reduction based on
his acceptance of responsibility. Martinez did not plead guilty
and failed to cooperate with the probation officer with respect to
his involvement in the offense. Moreover, the complete information
he contends was provided to the Government was the same information
that he challenged at the suppression hearing.
2