United States v. Cortez

*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this opinion should not be published and is not precedent except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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-20186
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANTONIO ISAURO CORTEZ,
Defendant-Appellant.
Appeal from the United States District Court
For the Southern District of Texas
U.S.D.C. No. H-00-CR-650-ALL
August 26, 2002
Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
Antonio Isauro Cortez was convicted for possession of more
than five kilograms of cocaine with intent to distribute. He argues
that the district court erred in denying his pretrial motion to
suppress evidence recovered by officers during a search of his
suitcase. In considering a ruling on a motion to suppress, we
review questions of law de novo and factual findings for clear

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1 United States v. Dortch, 199 F.3d 193, 197 (5th Cir. 1999).
2 122 S. Ct. 2105, 2113-14 (2002); see also Ohio v. Robinette,
519 U.S. 33, 39-40 (1996).
error.1
Cortez concedes that he gave police officers permission to
inspect his suitcase, but asserts that his consent was not
voluntary because he was not informed that he could refuse to
consent. This argument is foreclosed by the Supreme Court’s recent
decision in United States v. Drayton.2 The district court did not
err in denying his motion to suppress.
AFFIRMED.

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