United States v. Garcia-Rodriguez ( 1999 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 99-50547
Summary Calendar
_____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN GARCIA-RODRIGUEZ,
Defendant-Appellant.
_________________________________________________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. DR-97-CR-90-ALL
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December 3, 1999
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Juan Garcia-Rodriguez appeals from his conviction of illegal
reentry and aiding and abetting illegal entry. Garcia contends
that federal agents violated the Fourth Amendment by crossing the
threshold of the motel room without a warrant; that the magistrate
judge erred by finding that the crossing of the threshold was not
an entry; that no exigent circumstances existed justifying the
entry; and that his consent to enter the room was not voluntary.
The magistrate judge’s finding that the agents did not enter
Garcia’s motel room until after Garcia consented was not clearly
*
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this opinion should not be published and is not precedent except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.
erroneous. United States v. Coleman, 969 F.2d 126, 129 (5th Cir.
1992). Furthermore, when Garcia gave his consent, he was not in
custody; the agents used no coercive tactics on him; and he
cooperated with the agents. Thus, there is no error by the
magistrate judge in finding the consent voluntary. United States
v. Gonzalez-Basulto, 898 F.2d 1011, 1012-13 (5th Cir. 1990). The
judgment and conviction are therefore
A F F I R M E D.
2