United States v. Templeton, et al

* 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that this opinion should not be published and is not precedent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. 99-51028
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TANISHA TEMPLETON,
also known as Juna Marie Mitchell,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. MO-98-CR-ALL
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September 7, 2000
Before REAVLEY, DeMOSS and BENAVIDES, Circuit Juges.
PER CURIAM:*
Tanisha Templeton ("Templeton") appeals from her conviction
for possession of more than five grams of cocaine base in
violation of 21 U.S.C. § 844. Her conviction was based on a
conditional plea, and Templeton now asserts that the district
court erred in denying her motion to suppress. Because we
conclude that Templeton lacks standing to raise a Fourth
Amendment challenge to the seizure of evidence we affirm the
judgment of the district court.

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No. 99-51028
-2-
Templeton argues that she maintained a reasonable
expectation of privacy in a purse and duffle bag located within a
motel room that was searched by police after obtaining consent to
search from Templeton's sister. Templeton asserts on appeal that
the container with the cocaine found inside the duffle bag should
have been suppressed. A review of the evidence at the
suppression hearing, however, shows that Templeton denied staying
in the motel room where the duffle bag was located and claimed
ownership of only the purse. Therefore, Templeton lacked a
reasonable expectation of privacy in a search of the room or the
duffle bag. See United States v. Boruff, 909 F.2d 111, 116 (5th
Cir. 1990); United States v. Alvarez, 6 F.3d 287, 289 (5th Cir.
1993). Additionally, evidence other than that found in the purse
connected Templeton to the cocaine seized by police.
AFFIRMED.

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