United States Fifth Circuit

When the evidence clearly reflects a question of the voluntariness of a confession, the trial court must raise the issue on its own motion. Defendants' convictions for knowingly possessing with intent to distribute marijuana, and aiding and abetting, are affirmed where: 1) the evidence was sufficient to support the convictions; and 2) the district court did not commit error, plain or otherwise, in failing to hold a voluntariness hearing nor in failing to give a specific instruction regarding the voluntariness of one defendant's confession.

Appellate Information

• Decided 01/15/2008
• Published 01/15/2008

Judges

• E. GRADY JOLLY, Circuit Judge:, Before JOLLY, DAVIS, and WIENER, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., Ellen A. Lockwood (argued), San Antonio, TX, for U.S., Mary Ellen Mimi Smith (argued), Law Offices of Mary Ellen Smith, Alpine, TX, for Guanespen-Portillo., Mike Barclay, Alpine, TX, for Gabriel Quinones-Muela., Scott Warren Johnson (Court-Appointed), Pecos, TX, for Hernandez-Vasquez., Anthony Foster, Alpine, TX, for Arturo Quinones-Muela., Thomas S. Morgan (argued), Law Office of Thomas S. Morgan, Midland, TX, for Elier Quinones-Muela.