United States v. Jones

* 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that this opinion should not be published and is not precedent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
April 8, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-20568
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARKER ALLEN JONES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-02-CR-567-ALL
--------------------
Before REAVLEY, JONES and PRADO, Circuit Judges.
PER CURIAM:*
Marker Allen Jones appeals from his conviction for armed
bank robbery in violation of 18 U.S.C. §§ 2113(a), (d), and 2,
and using, carrying, and brandishing a firearm during and in
relation to a crime of violence in violation of 18 U.S.C.
§§ 924(c)(1)(A)(i), (ii), and 2. Jones argues that the district
court erred in not allowing him to present evidence in support
of his motion to suppress by holding a hearing pursuant to
Franks v. Delaware, 438 U.S. 154, 155-56 (1978).

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No. 03-20568
-2-
This court reviews the denial of a Franks hearing de novo.
United States v. Martin, 332 F.3d 827, 833 (5th Cir. 2003).
Jones has not made the preliminary showing required to establish
entitlement to a Franks hearing. United States v. Brown,
298 F.3d 392, 395 (5th Cir. 2002), cert. denied, 537 U.S. 1134
(2003).
AFFIRMED.

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