from the United States District Court for the Middle District
BARKSDALE, SOUTHWICK, and HAYNES, Circuit Judges.
HAYNES, Circuit Judges.
found Walter Glenn guilty of conspiracy, access device fraud,
and identity theft for his role in a fraudulent check-cashing
scheme. The district court denied two motions to suppress
evidence taken from a rental car that Glenn was driving.
Glenn contends the district court erred by admitting the
evidence. He also challenges his sentence. We AFFIRM.
AND PROCEDURAL BACKGROUND
September 2014, Walter Glenn, Larry Walker and Thomas James
were in a rental car, traveling through Louisiana on
Interstate 10. Glenn was driving. Sergeant Donald Dawsey of
the West Baton Rouge Parish Sheriff's office stopped them
for what he believed was a traffic violation. Dawsey walked
to the vehicle and had Glenn give him his driver's
license and insurance verification. Dawsey immediately
noticed a set of screwdrivers in the door of the vehicle. The
officer then had Glenn get out and go to the rear of the car.
There, Dawsey pointed to the license plate, which was
obscured with a tinted plastic cover and said the cover was
the violation that caused the stop. Dawsey, who had two
decades of experience with the sheriff's office at the
time, later explained at a hearing that motorists often use
such license plate covers to evade identification by traffic
cameras. Glenn stated the cover was affixed to the license
plate at the time of the rental and repeatedly offered to
back of the car, Glenn explained that Walker had rented the
vehicle. After questioning Glenn, Dawsey spoke with Walker
and got the rental agreement, then returned to Glenn at the
rear of the car for further questioning. Dawsey then told
Glenn to stay behind the rental car while Dawsey returned to
his cruiser to verify some of the information he had just
received. By this point, about six and half minutes had
passed since Glenn drove the vehicle onto the shoulder of the
interstate and stopped.
Dawsey returned to his cruiser, he did not in fact input the
information; instead he called for assistance. Several
minutes later, Dawsey returned to question Glenn further,
eventually asking if he could search the car. Glenn
responded, "Yeah. You can search it." Dawsey told
Walker that Glenn had consented to a search, to which Walker
replied, "he said you can search it, search it."
Walker and James stepped to the rear of the car, and Dawsey
and other officers searched the car. They found, among other
things, over 100 blank ID cards, dozens of blank checks,
holographic overlays, a printer, envelopes with names and
social security numbers, computer equipment, and $95, 000.
subsequent investigation revealed that Glenn, Walker, and
James were involved in a multi-state counterfeit check scheme
and had been in Texas to cash counterfeit checks. The
Government charged them with conspiracy to make and pass
counterfeit checks, produce fraudulent IDs, and use
unauthorized access devices (i.e., social security
numbers). It also charged them with access device fraud and
aggravated identity theft.
2016, all three filed suppression motions challenging the
legality of the stop and the search of the entire vehicle.
The district court denied Glenn's and James' motions
and partially denied Walker's, holding: the stop was
lawful; the officer had reasonable suspicion for extending
the stop; and, Glenn and James lacked standing to challenge
the search of the vehicle. In partially granting Walker's
motion, the court ruled his consent to the search was not
voluntary. The Government appealed. We affirmed the district
court's partial grant of Walker's motion to suppress,
and the Government dismissed his charges. See United
States v. Walker, 706 Fed.Appx. 152, 154-56 (5th Cir.
and Glenn's cases were held in abeyance during the
pendency of the interlocutory appeal concerning Walker.
Following our opinion in Walker, Glenn and James
filed a second joint suppression motion primarily regarding
their personal items found in bags and luggage within the
car. The district court again refused to suppress any
evidence as to Glenn, concluding Glenn gave valid consent to
the search. The court granted James' motion to suppress
items found in his personal bag, and James later pled guilty
to all counts. Only Glenn went to trial where the jury found
him guilty of all charges. The district court sentenced him
to 120 months in prison.
appeal, Glenn challenges the district court's denials of
his motions to suppress and several sentencing decisions.
appeal of the denial of a motion to suppress, this court
reviews the district court's fact findings for clear
error and its legal conclusions de novo."
United States v. Rounds, 749 F.3d 326, 337 (5th Cir.
2014). We view "the evidence in the light most favorable