United States v. Flores ( 1997 )


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  •                IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 97-10258
    Summary Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    JOE DAVID FLORES, JR.,
    Defendant-Appellant.
    - - - - - - - - - -
    Appeal from the United States District Court
    for the Northern District of Texas
    USDC No. 5:96-CR-35-1
    - - - - - - - - - -
    November 19, 1997
    Before JONES, SMITH and STEWART, Circuit Judges.
    PER CURIAM:*
    Joe David Flores, Jr., appeals the district court’s denial
    of his motion to suppress evidence and his subsequent conditional
    guilty-plea conviction for being a felon in possession of a
    firearm.   Flores argues that his detention by law enforcement
    officials was not a brief investigatory stop but was an arrest
    requiring probable cause.   Viewing the totality of the
    circumstances in the light most favorable to the Government, the
    district court did not err in determining that Flores’ detention
    was an investigatory stop justified by a reasonable suspicion of
    *
    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    that this opinion should not be published and is not precedent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. 97-10258
    -2-
    criminal activity.   United States v. Gonzales, 
    79 F.3d 413
    , 419
    (5th Cir.), cert. denied, 
    117 S. Ct. 183
     (1996); Terry v. Ohio,
    
    392 U.S. 1
    , 18-20 (1968).   Accordingly, the district court did
    not err in denying the motion to suppress.   Because we find that
    Flores’ detention was a Terry stop justified by a reasonable
    suspicion, we need not address Flores’ second point of error
    regarding the district court’s determination that the search was
    justified by the officers’ good-faith belief that the search
    warrant they were executing also covered Flores.
    AFFIRMED.
    

Document Info

Docket Number: 97-10258

Filed Date: 12/1/1997

Precedential Status: Non-Precedential

Modified Date: 12/21/2014