United States v. Berthelot

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
July 18, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-40998
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ELSWORTH BERTHELOT,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 9:03-CR-46-RHC-JKG-1
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Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Elsworth Berthelot appeals his conviction of being a felon
in possession of firearms, in violation of 18 U.S.C. § 922(g)(1).
He argues that the district court erred by denying his motion to
suppress the firearms that were discovered during a search of his
property. He maintains that his wife did not have actual or
apparent authority to consent to a search of the property,
including a safe located in the home.

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No. 04-40998
-2-
Berthelot did not exhibit a subjective expectation of
privacy in the property or the safe. United States v. Shelton,
337 F.3d 529, 536-37 (5th Cir. 2003). Therefore, Sheila
Berthelot had common authority to consent to the search of the
property, including the safe. Id. Accordingly, Berthelot’s
conviction is AFFIRMED.

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