USA v. Smith
Filing
920060330
Opinion
United States Court of Appeals Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT March 30, 2006 Charles R. Fulbruge III Clerk No. 05-30424 Summary Calendar
UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LEONARD RAY SMITH, Defendant-Appellant. -------------------Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:04-CR-50095-1 -------------------Before SMITH, GARZA, and PRADO, Circuit Judges. PER CURIAM:* Leonard Ray Smith appeals his conviction for possession with the intent to distribute ecstasy and possession of a firearm in furtherance of a drug-trafficking crime. Smith argues that the
district court erred in denying his motion to continue the suppression hearing and that the district court erred in denying the motion to suppress the evidence. This court will only overturn the denial of a motion to continue if the defendant shows that the district court abused
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-30424 -2its discretion and that he suffered serious prejudice. States v. Scott, 48 F.3d 1389, 1393 (5th Cir. 1995). United Smith's
contention that he was entitled to test the credibility of the confidential informant is incorrect. Further, the informant's
testimony was irrelevant to the determination made by the district court regarding the suppression of the evidence. The
district court did not abuse its discretion in denying the motion to continue. Smith next contends that the district court should have granted the motion to suppress the evidence because the actions of the law enforcement officers violated his Louisiana constitutional rights. The reasonableness of the search under United
the Fourth Amendment is not dependent upon state law.
States v. Eastland, 989 F.2d 760, 766 (5th Cir. 1993); see also United States v. Walker, 960 F.2d 409, 415 (5th Cir. 1992). Accordingly, Smith's conviction is AFFIRMED.
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