United States Fifth Circuit

Convictions arising from a conspiracy to possess and distribute five kilograms or more of cocaine are affirmed. Judge did not commit plain error by omitting the word "not" when reciting the requested "no-adverse-influence" instruction, given that the written jury instructions contained the correct wording. Testimony made by two witnesses pursuant to a plea agreement was properly admitted and was sufficient for the jury to convict, where the jury was properly instructed to weigh the credibility of these witnesses with great care. (Revised opinion)

Appellate Information

• Decided 12/23/2008
• Published 12/30/2008

Judges

• OWEN, Circuit Judge:, Before GARWOOD, GARZA and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John Richard Berry, James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S., Henry E. Marines, Law Offices of Henry Marines, Miami, FL, for Percel., Claudia M. Ima, Miami Lakes, FL, for Vasquez.