Opinion
Nos. 07-40514, 07-40515 Summary Calendar.
March 4, 2008.
James Lee Turner, Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.
Marjorie A. Meyers, Federal Public Defender, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.
Appeals from the United States District Court for the Southern District of Texas, USDC Nos. 2:92-CR-140-1, 2:06:cr-00782-1.
Before JOLLY, DAVIS, and DeMOSS, Circuit Judges.
Vermon Kelley appeals his conviction and sentence for possession of a firearm by a felon and possession of six grams of cocaine base. Kelley also appeals the district court's revocation of his supervised release that had been imposed in connection with a prior conviction. Kelley argues that the district court erred in denying his motion to suppress a post-arrest statement that he made to law enforcement officials regarding his possession of firearms because he was not Mirandized before he made the statement. See Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
After Kelley was handcuffed and arrested and before he was Mirandized, Kelley told a police officer where firearms could be located in his residence in response to the officer's question. Because the officer's question was based on his concern about the safety of the officers on the scene and before the officers had completed a protective sweep of the residence, the district court did not err in denying Kelley's motion to suppress. See New York v. Quarks, 467 U.S. 649, 653, 104 S.Ct. 2626, 81 L.Ed.2d 550 (1984); Fleming v. Collins, 954 F.2d 1109, 1112-14 (5th Cir. 1992) (en banc). Accordingly, the judgment of the district court is AFFIRMED.