United States v. McSween

GARWOOD, Circuit Judge:

Defendant-appellant Gerry Carlyle McSween (McSween) appeals his conviction on a conditional plea of guilty to possession with intent to distribute crack cocaine after the district court denied his motion to suppress the drugs recovered from under the hood of his car. We affirm.

Facts and Proceedings Below

On February 26, 1994, Texas Department of Public Safety Officers Ralph Billings (Billings) and Larry Price (Price) stopped McSween for driving 87 mph in a 65-mph zone. As Price conducted a computer check, Billings began to write a speeding ticket. Noticing a cellular…