Filed: Feb. 11, 2000
Latest Update: Mar. 02, 2020
Summary: No. 99-20473 -1- IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-20473 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, VERSUS JAMES GILLMORE BUTLER, Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. H-98-CR-254-1 - February 9, 2000 Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges. PER CURIAM:* James Gillmore Butler (Butler) appeals his conditional guilty plea conviction for possession of a ma
Summary: No. 99-20473 -1- IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-20473 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, VERSUS JAMES GILLMORE BUTLER, Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. H-98-CR-254-1 - February 9, 2000 Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges. PER CURIAM:* James Gillmore Butler (Butler) appeals his conditional guilty plea conviction for possession of a mac..
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No. 99-20473
-1-
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-20473
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
VERSUS
JAMES GILLMORE BUTLER,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-98-CR-254-1
--------------------
February 9, 2000
Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
James Gillmore Butler (Butler) appeals his conditional guilty
plea conviction for possession of a machine gun and possession of
an unregistered firearm. Butler challenges the district court's
denial of his motion to suppress the machine gun that was seized in
his residence. Butler's motion for leave to file record excerpts
in excess of 40 pages is GRANTED.
This court reviews a ruling on a motion to suppress based upon
live testimony under the “clearly erroneous” standard for findings
of fact and de novo for questions of law. United States v. Muniz-
Melchor,
894 F.2d 1430, 1433-34 (5th Cir. 1990). The evidence is
*
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this opinion should not be published and is not precedent except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. 99-20473
-2-
viewed in the light most favorable to the prevailing party.
Id.
We have reviewed the record, the district court's opinion, and
the parties' briefs, and conclude that the district court did not
err in denying Butler's motion to suppress. Harris County
Sheriff’s Department Deputies lawfully entered Butler's residence
either because of the exigent circumstances presented by his
girlfriend's alleged attempted suicide or because Butler gave them
consent to enter the house and go up to the bedroom. United States
v. Green,
474 F.2d 1385, 1389 (5th Cir. 1973); United States v.
Kelley,
981 F.2d 1464, 1470 (5th Cir. 1993). The incriminating
character of the rifle was immediately apparent, and it could be
lawfully seized under the "plain view" doctrine. Horton v.
California,
496 U.S. 128, 136-37 (1990). Moreover, when one law
enforcement officer justifiably enters a dwelling without a
warrant, due to exigent circumstances, and observes contraband,
other officers can enter the house without warrant authorization as
well. United States v. Brand,
556 F.2d 1312, 1317 (5th Cir. 1977).
AFFIRMED.