* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .

R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-51306 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOHN COBIN MARTIN, Defendant-Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. EP-9-CR-975-ALL-H December 19, 2001 Before DeMOSS, PARKER, and DENNIS, Circuit Judges.

PER CURIAM: * John Corb in Martin appeals his conviction for possession of machine guns in violation of 18 U.S.C. § 922(o). Martin argues that the district court erred in denying his motion to suppress.

In reviewing the denial of a motion to suppress based on live testimony, we accept the district court's factual findings unless they are clearly erroneous or influenced by an incorrect view of the law. U nited States v. Alvarez , 6 F.3d 287, 289 (5th Cir. 1993) . “‘Where the judge bases a finding of consent on the oral testimony at a suppression hearing, the clearly erroneous standard is particularly strong since the judge had the opportunity to observe the demeanor of the witnesses.’” U nited States v. Kelley , 981 F.2d 1464, 1470 (5th Cir. 1993) (quoting United States v. Sutton , 850 F.2d 1083, 1086 (5th Cir. 1988)). There is nothing in the record to show that the district court was clearly erroneous in finding that Martin was aware of his rights and consented to cooperate for the purpose of securing a civilian prosecution rather than a court martial, that no promise of immunity had been made to induce the consent to search, and that Martin’s decision to cooperate had been an act of free will. See United States v. Garza , 118 F.3d 278, 282-83 (5th Cir. 1997).

The district court did not abuse its discretion in denying MartinÂ’s motion to withdraw his guilty plea. S ee United States v. Grant , 117 F. 3d 788, 789 (5th Cir. 1997); U nited States v. Carr , 740 F.2d 339, 343-44 (5th Cir. 1984).

AFFIRMED.

No. 00-51306