United States v. Goldberg

1 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that this opinion should not be published and is not precedent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
September 24, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-50099
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RONALD JAMES GOLDBERG,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-02-CR-1361-ALL-DB
--------------------
Before DUHÉ, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:1
Ronald Goldberg entered a conditional guilty plea to
possession with intent to distribute marijuana. He appeals the
district court’s denial of his motion to suppress the marijuana and
argues that the totality of the circumstances did not indicate that
he had committed or was committing an offense at the time of his
arrest and that the marijuana, which was in plain view in the back

-- 1 of 2 --

2
seat of his vehicle, was improperly seized because the stop and
detention were illegal.
Our review of the record reveals that the federal agents
reasonably believed from the totality of circumstances that
Goldberg was conducting a drug transaction and that probable cause
existed for the arrest. See United States v. Garcia, 179 F.3d 265,
268-70 (5th Cir. 1999). The marijuana was properly seized. See
Texas v. Brown, 460 U.S. 730, 740 (1983); United States v. Wilson,
36 F.3d 1298, 1306 (5th Cir. 1994). The district court’s denial of
the motion to suppress was correct.
AFFIRMED.

-- 2 of 2 --