United States v. Derickson ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40732
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GLEN ALLEN DERICKSON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:96-CR-64-ALL
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January 7, 1998
Before KING, HIGGINBOTHAM, and DAVIS, Circuit Judges.
PER CURIAM:*
Glen Allen Derickson pleaded guilty to possession with
intent to distribute marijuana, conditioned on his right to
appeal the district court’s denial of his motion to suppress the
marijuana. He argues that he did not consent to the search of
his vehicle and that the investigating officer did not have
probable cause to support his warrantless search of the vehicle.
We have reviewed the record and the briefs of the parties, and we
hold that Derickson’s uncontested admission to the investigating
*
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that this opinion should not be published and is not precedent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. 97-40732
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officer that his van contained marijuana provided the probable
cause to uphold the warrantless search of Derickson’s van. See
United States v. De Los Santos, 810 F.2d 1326, 1336-37 (5th Cir.
1987).
AFFIRMED.