United States Fifth Circuit

Defendant's drug distribution conviction is affirmed where: 1) the district court told the jury to use great care when determining the voluntariness of defendant's confession and to consider the relevant circumstances before deciding how much weight to give the confession; and 2) Congress did not intend for the word "knowingly" in 18 U.S.C. section 841(a) to modify language in section 841(b).

Appellate Information

• Decided 10/09/2009
• Published 10/09/2009

Judges

• PRADO, Circuit Judge:, Before JONES, Chief Judge, and PRADO and HAYNES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Tony Ray Roberets (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S., Marjorie A. Meyers, Philip G. Gallagher, Fed. Pub. Defenders, Timothy William Crooks (argued), Laura Fletcher Leavitt, Asst. Fed. Pub. Defenders, Houston, TX, for Betancourt.