Opinion
No. 08-51263 Summary Calendar.
January 6, 2010.
Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney's Office, San Antonio, TX, for Plaintiff-Appellee.
Kerrisa Joy Chelkowski, Law Offices of Kerrisa Chelkowski, San Antonio, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Western District of Texas, USDC No. 5:08-CR-194-ALL.
Before REAVLEY, JOLLY, and OWEN, Circuit Judges.
Stephen McCord appeals following his conditional guilty-plea conviction of possession of firearms by a convicted felon. McCord argues that the district court erred by denying his motion to suppress. In particular, he contends that the search of his residence was not authorized as a condition of his probation because this condition was unconstitutional and he did not voluntarily agree to it. Additionally, he asserts that the search was not supported by reasonable suspicion.
At the time the search was conducted, there was recent evidence from a confidential informant, who had previously provided reliable information, that McCord was manufacturing methamphetamine at his residence, and McCord himself admitted that he was cooking methamphetamine. Because we find under the totality of the circumstances that reasonable suspicion existed to support the search of McCord's residence, we need not reach the issue of the validity of the probationary condition allowing suspicionless searches. See United States v. Knights, 534 U.S. 112, 118-21, 122 S.Ct. 587, 151 L.Ed.2d 497 (2001); United States v. Martinez, 486 F.3d 855, 859 (5th Cir. 2007); United States v. Boruff, 909 F.2d 111, 117 (5th Cir. 1990).
AFFIRMED.