USA vs. Glover (5th Cir. 2001)

Federal Circuits, 5th Cir. (November 08, 2001)

Docket number: 01-40139

Permanent Link: http://vlex.com/vid/usa-vs-glover-19975915
Id. vLex: VLEX-19975915

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U.S. Court of Appeals for the 5th Cir. - United States of America, Plaintiff-Appellee, v. Eccehomo Velgar-Vivero, Jose Antonio Torres-Tirado and Eulices Rivas-Cordova, Defendants-Appellants., 8 F.3d 236 (5th Cir. 1994)

U.S. Court of Appeals for the 5th Cir. - United States of America, Plaintiff-Appellee, v. John Wayne Pennington and John Mitchell Margiotta, Defendants-Appellants., 20 F.3d 593 (5th Cir. 1994)

U.S. Court of Appeals for the 5th Cir. - United States of America, Plaintiff-Appellee, v. George Ayala, Raul Alfredo Portillo, and Oscar Reza, Defendants-Appellants., 887 F.2d 62 (5th Cir. 1989)

U.S. Court of Appeals for the 5th Cir. - United States of America, Plaintiff-Appellee, v. Bobby M. Smith, Defendant-Appellant., 890 F.2d 711 (5th Cir. 1989)

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Text:

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 01-40139

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

HENDERSON M. GLOVER, III,

Defendant-Appellant.

Appeal from the United States District Court

for the Southern District of Texas

USDC No. L-00-CR-972-1

November 7, 2001

Before JONES, SMITH and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:* Henderson M. Glover, III, appeals from his conviction of and sentence for conspiring to possess with intent to distribute marijuana and possessing with intent to distribute marijuana. Glover contends that the Government placed false information in the criminal complaint against him; that the Government failed to disclose inculpatory statements; that the evidence was insufficient to support his conviction; and that his offense level should have been reduced for his minor role in the offense. Glover failed to challenge the criminal complaint in a pretrial motion to dismiss the indictment. He has waived any defect in the criminal complaint, and his contention is unreviewable. See United States v. Smith, 890 F.2d 711, 715 (5th Cir. 1989); FED. R. CRIM. P. 12(b)(1).

The criminal complaint alleged the inculpatory statement that Glover alleges was not disclosed. His nondisclosure contention is without a factual basis.

Glover drove a pickup truck across the border, a pickup with marijuana secreted in hidden compartments inside the gas tank.

His implausible story, his statements to federal authorities, the observations of the authorities, documents in the pickup bearing his name with bogus addresses, and the inability of agents to contact individuals Glover identified as relatives in Texas indicated Glover's knowledge of contraband. See United States v. Pennington, 20 F.3d 593, 598 (5th Cir. 1994). The jury could have found beyond a reasonable doubt from the evidence all of the elements of possession with intent to distribute and the elements of drug conspiracy. See United States v. Velgar-Vivero, 8 F.3d 236, 241 (5th Cir. 1993); United States v. Ayala, 887 F.2d 62, 67 (5th Cir. 1989).

The district court did not err by declining to adjust Glover's offense level for minor participation. Glover traveled around Mexico; drove the marijuana into Texas; and acknowledged to the probation officer that he knew that the pickup contained drugs. See U.S. Sentencing Guidelines Manual § 3B1.2, cmt. n.3.

AFFIRMED.

* 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.