Filed: Dec. 24, 1997
Latest Update: Mar. 02, 2020
Summary: UNITED STATES COURT OF APPEALS For the Fifth Circuit No. 97-30048 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, VERSUS MAJOR WILLIAMS, JR., Defendant-Appellant. Appeal from the United States District Court For the Middle District of Louisiana (96-CR-49-B-M2) December 25, 1997 Before WISDOM, WIENER, and DENNIS, Circuit Judges. PER CURIAM:* A jury convicted Major Williams, Jr. of possession of an unregistered sawed-off shotgun and possession of a firearm by a convicted felon. Will
Summary: UNITED STATES COURT OF APPEALS For the Fifth Circuit No. 97-30048 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, VERSUS MAJOR WILLIAMS, JR., Defendant-Appellant. Appeal from the United States District Court For the Middle District of Louisiana (96-CR-49-B-M2) December 25, 1997 Before WISDOM, WIENER, and DENNIS, Circuit Judges. PER CURIAM:* A jury convicted Major Williams, Jr. of possession of an unregistered sawed-off shotgun and possession of a firearm by a convicted felon. Willi..
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UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 97-30048
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
VERSUS
MAJOR WILLIAMS, JR.,
Defendant-Appellant.
Appeal from the United States District Court
For the Middle District of Louisiana
(96-CR-49-B-M2)
December 25, 1997
Before WISDOM, WIENER, and DENNIS, Circuit Judges.
PER CURIAM:*
A jury convicted Major Williams, Jr. of possession of an
unregistered sawed-off shotgun and possession of a firearm by a
convicted felon. Williams argues that the district court erred in
denying his motion to suppress the shotgun. The district court did
not commit error. We affirm.
Though we review the reasonableness of an investigatory stop
*
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this opinion should not be published and is not precedent except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.
and frisk de novo, we must review the evidence in the light most
favorable to the government as the prevailing party.2 In assessing
the reasonableness of an officer’s actions, we employ an objective
standard.3 Our inquiry is whether the facts available to the
officer at the moment of the search justify a man of reasonable
caution in the belief that the action taken was appropriate.4 The
facts available to the officers in this case support the pat-down.
At approximately 9:00 p.m. on April 11, 1996, law enforcement
officers observed Williams and another individual parked in an
automobile in the parking lot of a car wash. Officer Paul
Marionneaux, the officer who eventually conducted the pat-down of
Williams, testified that substantial criminal activity occurs in
the area in which the car wash is located. He also testified that
Williams and his companion were sitting in an unwashed vehicle,
which made it apparent that the two were not present for the
purpose of utilizing the facilities. When Marionneaux illuminated
the cabin of the vehicle with his floodlight, he noticed Williams
extending his arm downward as if to place something on, or retrieve
something from, the floorboard. When Marionneaux ordered Williams
2
United States v. Michelletti,
13 F.3d 838, 841 (5th Cir.
1994 (en banc)
3
United States v. Rideau,
969 F.2d 1572, 1574 (5th Cir. 1992)
(en banc)
4
Id.
2
to exit the vehicle,5 he noticed a bulge in the right-front pocket
of Williams’ jacket. Marionneaux patted down the exterior of the
pocket, and felt what he believed to be shotgun shells. He then
reached into the pocket and discovered four 16-gauge shotgun
shells. Finally, he patted down Williams’ chest area and
discovered a sawed-off shotgun concealed beneath his jacket. Given
the facts of this case, we conclude that Officer Marionneaux’s
conduct fits squarely within the limitations imposed by the Fourth
Amendment.
AFFIRMED.
5
Williams concedes that the initial stop was justified.
3