United States v. Glover

* 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that this opinion should not be published and is not precedent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. 01-40139
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HENDERSON M. GLOVER, III,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-00-CR-972-1
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November 7, 2001
Before JONES, SMITH and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Henderson M. Glover, III, appeals from his conviction of and
sentence for conspiring to possess with intent to distribute
marijuana and possessing with intent to distribute marijuana.
Glover contends that the Government placed false information in
the criminal complaint against him; that the Government failed to
disclose inculpatory statements; that the evidence was
insufficient to support his conviction; and that his offense
level should have been reduced for his minor role in the offense.

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No. 01-40139
-2-
Glover failed to challenge the criminal complaint in a
pretrial motion to dismiss the indictment. He has waived any
defect in the criminal complaint, and his contention is
unreviewable. See United States v. Smith, 890 F.2d 711, 715 (5th
Cir. 1989); FED. R. CRIM. P. 12(b)(1).
The criminal complaint alleged the inculpatory statement
that Glover alleges was not disclosed. His nondisclosure
contention is without a factual basis.
Glover drove a pickup truck across the border, a pickup with
marijuana secreted in hidden compartments inside the gas tank.
His implausible story, his statements to federal authorities, the
observations of the authorities, documents in the pickup bearing
his name with bogus addresses, and the inability of agents to
contact individuals Glover identified as relatives in Texas
indicated Glover’s knowledge of contraband. See United States v.
Pennington, 20 F.3d 593, 598 (5th Cir. 1994). The jury could
have found beyond a reasonable doubt from the evidence all of the
elements of possession with intent to distribute and the elements
of drug conspiracy. See United States v. Velgar-Vivero, 8 F.3d
236, 241 (5th Cir. 1993); United States v. Ayala, 887 F.2d 62, 67
(5th Cir. 1989).
The district court did not err by declining to adjust
Glover’s offense level for minor participation. Glover traveled
around Mexico; drove the marijuana into Texas; and acknowledged
to the probation officer that he knew that the pickup contained
drugs. See U.S. Sentencing Guidelines Manual § 3B1.2, cmt. n.3.
AFFIRMED.

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