USA v. Larkin

Filing 920070615

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 15, 2007 Charles R. Fulbruge III Clerk No. 06-40759 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MARK CHARLES LARKIN, Defendant-Appellant. -------------------Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:05-CR-206-ALL -------------------Before JONES, Chief Judge, and JOLLY and OWEN, Circuit Judges. PER CURIAM:* Mark Charles Larkin was convicted by a jury and sentenced to a total of 78-months of imprisonment for possessing with the intent to distribute methamphetamine, in violation of 21 U.S.C.

§ 841(a)(1), and being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). He now appeals.

Larkin argues that the district court erred in denying his motion to suppress the evidence seized following the execution of a search warrant at his residence. support
*

As the affidavit submitted in more than a "bare bones"

of

the

search

warrant

was

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

affidavit, the officers who executed the warrant relied on it in good faith, and the evidence was admissible. See United States v. The district

Satterwhite, 980 F.2d 317, 320-21 (5th Cir. 1992).

court did not err in denying Larkin's motion to suppress. Larkin also challenges the sufficiency of the evidence

supporting both of his convictions.

Viewing the evidence in the

light most favorable to the verdict, we have determined that a rational trier of fact could have found that the evidence

established Larkin's guilt beyond a reasonable doubt as to both offenses. See United States v. McKnight, 953 F.2d 898, 901-03 &

n.3 (5th Cir. 1992). The judgment of the district court is AFFIRMED.

2