United States of America v. Luis Roberto Quintero

* 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that this opinion should not be published and is not precedent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
November 8, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-60250
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LUIS ROBERTO QUINTERO,
Defendant - Appellant.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 3:03CR161-M
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Before BARKSDALE, DeMOSS, and PRADO, Circuit Judges.
PER CURIAM:*
Defendant Luis Robert Quintero (“Quintero”) pled
guilty to possession with intent to distribute in excess
of five kilograms of cocaine, in violation of 21 U.S.C.
§ 841(a), (b)(1)(A), but reserved the right to appeal the
denial of his motion to suppress evidence seized

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following a stop and subsequent search of the trailer of
his commercial truck. Quintero now exercises his right
to appeal. All of Quintero’s arguments are foreclosed by
United States v. Castelo, 415 F.3d 407 (5th Cir. 2005),
in which Quintero’s co-defendant appealed on the very
same issue. The district court’s order denying
Quintero’s motion to suppress is affirmed.
In addition, Quintero appeals the district court’s
denial of his motion to withdraw his guilty plea. When
considering whether to grant a motion to withdraw a
guilty plea this Court takes into consideration the
factors set forth in United States v. Carr, 740 F.2d 339,
343-44 (5th Cir. 1984). A review of the record shows
that the district court properly applied these factors.
Furthermore, Quintero fails to identify how the district
court abused its discretion. Therefore, the district
court’s order denying Quintero’s motion to withdraw his
guilty plea is affirmed.
AFFIRMED.

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