United States v. Estrada

*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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
January 4, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-20705
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GAVREL ESTRADA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:04-CR-241-ALL
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Before JONES, Chief Judge, and KING and DAVIS, Circuit Judges.
PER CURIAM:*
Gavrel Estrada appeals his guilty-plea conviction and 30-month
sentence for possession of a firearm by a felon. Estrada contends
that the district court erred in denying his motion to suppress.
As there is a manifestation of a reservation of appellate rights in
the record, Estrada has not waived his right to appeal the district
court’s judgment denying the motion to suppress. United States v.
Bell, 966 F.2d 914, 916-17 (5th Cir. 1992).
Within the context of a consensual encounter with police, an
officer may approach an individual, identify himself, briefly

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question the person being stopped, and ask for identification. See
INS v. Delgado, 466 U.S. 210, 216 (1984). Estrada concedes his
suppression argument is foreclosed by this Supreme Court precedent.
AFFIRMED.

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