U.S. v. TOMPKINS

No. 97-50237, Summary Calendar.

130 F.3d 117 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. David Roy TOMPKINS, a/k/a David Roy Yates, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 25, 1997.


Attorney(s) appearing for the Case

Richard L. Durbin, Jr. and Mark Randolph Stelmach, Asst. U.S. Attys., San Antonio, TX, for Plaintiff-Appellee.

Walter Mabry Reaves, Jr., West, TX, for Defendant-Appellant.

Before WIENER, BARKSDALE and EMILIO M. GARZA, Circuit Judges.


WIENER, Circuit Judge:

Defendant-Appellant David Roy Tompkins appeals his 21 U.S.C. § 841(a)(1) conviction for possession with intent to distribute methamphetamine, arguing that some of the evidence used against him was the product of an unlawful search and, as such, was erroneously admitted at trial. Tompkins' initial contention is that this circuit should revise its standard of review of a district court's ultimate determination that consent to search was voluntary...

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