Opinion

United States v. James Brown

  • 444 F. App'x 811
Court
Court of Appeals for the Fifth Circuit
Filed
Oct 14, 2011
Status
Unpublished
On the bench
King, Jolly, Graves
Cited by
0 cases
Authority
More cited than 19.8%

The opinion

Case: 10-20750 Document: 00511632558 Page: 1 Date Filed: 10/14/2011

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT United States Court of Appeals

Fifth Circuit

FILED

October 14, 2011

No. 10-20750

Summary Calendar Lyle W. Cayce

Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JAMES EDDIE BROWN,

Defendant-Appellant

Appeals from the United States District Court

for the Southern District of Texas

USDC No. 4:10-CR-294-1

Before KING, JOLLY, and GRAVES, Circuit Judges.

PER CURIAM:*

James Eddie Brown pleaded guilty to aiding and abetting possession of

counterfeit securities and was sentenced to 120 months of imprisonment and

three years of supervised release. He reserved the right to appeal the district

court’s denial of his motion to suppress the statements he made to law

enforcement officials.

We review the district court’s conclusions of law de novo and its findings

of facts, including credibility determinations, for clear error, viewing the

*

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.

Case: 10-20750 Document: 00511632558 Page: 2 Date Filed: 10/14/2011

No. 10-20750

evidence in the light most favorable to the Government. United States v. Montes,

602 F.3d 381, 384-85 (5th Cir. 2010). The voluntariness of Brown’s statements

as well as whether he invoked his right to counsel are mixed questions of law

and fact that we review de novo. See Soffar v. Cockrell, 300 F.3d 588, 592 (5th

Cir. 2002).

Brown was adequately warned of the consequences of waiving his

Miranda1 rights. See United States v. Hearn, 563 F.3d 95, 104 (5th Cir. 2009);

United States v. Sonderup, 639 F.2d 294, 297-98 (5th Cir. Unit A Mar. 1981);

United States v. Kershner, 432 F.2d 1066, 1071 (5th Cir. 1970). The district

court did not clearly err in crediting the agent’s testimony that Brown was not

promised anything in exchange for his cooperation and did not invoke his right

to counsel during the interview. See United States v. Garza, 118 F.3d 278, 283

(5th Cir. 1997). The district court did not err, much less plainly err, in failing

to suppress Brown’s statements on the basis of a fraternal privilege. See United

States v. Olano, 507 U.S. 725, 734 (1993).

The judgment of the district court is AFFIRMED. To the extent that

Brown’s counsel is seeking to withdraw from representing Brown in connection

with any petition for a writ of certiorari before the United States Supreme Court,

such motion is DENIED as premature. See Fifth Circuit Plan under the

Criminal Justice Act, § 6.

1

Miranda v. Arizona, 384 U.S. 436 (1966).

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.