United States v. Harrison

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-30203
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KEITH KISACK, also known as Keith Kisack,
Defendant-Appellant;
No. 01-30241
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
STEVEN TAYLOR,
Defendant-Appellant;
No. 01-30311
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROSAIOUS WHITE,
Defendant-Appellant;

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Nos. 01-30203, 01-30241,
01-30311, 01-30312
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* 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this opinion should not be published and is not precedent except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. 01-30312
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
COREY HARRISON,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 00-CR-172-1-N, 00-CR-172-2-N,
00-CR-172-3-N, 00-CR-172-4-N
--------------------
October 16, 2001
Before DAVIS, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Keith Kisack, Steven Taylor, Rosaious White, and Corey
Harrison appeal the district court's order denying their motions
to suppress evidence of firearms which were seized during the
search of the rental car in which they were riding at the time of
their arrest. The defendants failed to carry their burden of
showing that they had a legitimate expectation of privacy in the
rental car. See United States v. Riazco, 91 F.3d 752, 754-55
(5th Cir. 1996). Although we affirm the judgments under Riazco,

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Nos. 01-30203, 01-30241,
01-30311, 01-30312
-3-
we note also that the search of the rental car was justified
under New York v. Belton, 453 U.S. 454, 460 (1981). We would not
reach a different conclusion under the Sixth Circuit
jurisprudence cited by Kisack. See United States v. Hudgins, 52
F.3d 115, 119 n.2 (6th Cir. 1995); see also United States v.
Mans, 999 F.2d 966, 968-69 (6th Cir. 1993). The judgments are
AFFIRMED.

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