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U.S. v. MAESTAS

No. 90-1875.

941 F.2d 273 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Joe Philip MAESTAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 23, 1991.

Attorney(s) appearing for the Case

Jeffrey G. Shrader, Bart N. Pruitt, (Court-appointed), Gibson, Ochsner & Adkins, Amarillo, Tex., for defendant-appellant.

Vicki C. Howard, Asst. U.S. Atty., Amarillo, Tex., Marvin Collins, U.S. Atty., Dallas, Tex., for plaintiff-appellee.

Before KING, and DUHE, Circuit Judges, and SCHWARTZ, District Judge.

KING, Circuit Judge:

A jury convicted Joe Philip Maestas of being a convicted felon who knowingly and unlawfully possessed a firearm in and affecting interstate commerce, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). Maestas raises two arguments on appeal. First, he contends that the district court erred in denying his motion to suppress the firearm because the police officer had insufficient cause to perform a warrantless search. Second, he contends...

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