United States v. Tuell

* 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that this opinion should not be published and is not precedent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. 99-11322
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALLEN TUELL, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4-98-CR-191-1-E
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July 11, 2000
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Allen Tuell, Jr., appeals the district court’s denial of his
motion to suppress evidence that was obtained through a search of
his car. Tuell has failed to demonstrate that the district court
erred in holding that the search was a valid inventory search
that was conducted pursuant to a valid impoundment of his car.
See United States v. Staller, 616 F.2d 1284, 1289 (5th Cir.
1980). Tuell’s contention that the officers stopped and arrested
him so that they could search his car is also unavailing. The
constitutional reasonableness of a traffic stop does not depend

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No. 99-11322
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upon the actual motivations of the officer involved. See Whren
v. United States, 517 U.S. 806 (1996).
Tuell argues that the district court erred in increasing his
total offense level by two levels for possession of a dangerous
weapon. This adjustment was not erroneous. Because the firearms
were found in the same location as narcotics, their connection
with the drug offense was not clearly improbable. See United
States v. Mitchell, 31 F.3d 271, 277 (5th Cir. 1994). Tuell has
failed to demonstrate that the district court erred in denying
his motion to suppress or in increasing his total offense level
by two levels. Consequently, the judgment of the district court
is AFFIRMED.

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