United States v. Watson ( 1997 )


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  •                 IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    __________________
    No. 96-30471
    Summary Calendar
    __________________
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    JIMMY WATSON,
    Defendant-Appellant.
    - - - - - - - - - -
    Appeal from the United States District Court
    for the Eastern District of Louisiana
    USDC No. 95-CR-240“D”
    - - - - - - - - - -
    July 3, 1997
    Before JONES, DeMOSS and PARKER, Circuit Judges.
    PER CURIAM:*
    Jimmy Watson was found guilty of guilty of robbery of
    personal property belonging to the United States and aiding and
    abetting (count one); attempting to murder a federal law
    enforcement officer and aiding and abetting (count two), and
    using and carrying a firearm during and in relation to a crime of
    violence and aiding and abetting (count three).   On appeal, he
    argues that the Government improperly used its peremptory
    *
    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    that this opinion should not be published and is not precedent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.
    No. 96-30471
    -2-
    challenges to strike prospective jurors solely because of their
    race in violation of Batson v. Kentucky, 
    476 U.S. 79
    (1986), the
    evidence was insufficient to convict him of the use of a firearm
    during a crime of violence and aiding and abetting, the district
    court erred by denying his motion to suppress his confession, the
    district court abused its discretion by not excluding certain
    portions of the confession, and the district court’s handling of
    an error in the written jury instructions constitutes reversible
    error.
    Our review of the record and the arguments and authorities
    convinces us that no reversible error was committed.     The
    district court did not err in rejecting the Batson challenge.
    See United States v. Perkins, 
    105 F.3d 976
    , 978-79 (5th Cir.
    1997).    The evidence was sufficient.   See United States v. Alix,
    
    86 F.3d 429
    , 435-36 (5th Cir. 1996).     The denial of the
    suppression motion was not erroneous.      See United States v.
    Andrews, 
    22 F.3d 1328
    , 1337 (5th Cir.), cert. denied, 
    115 S. Ct. 346
    (1994).    The district court did not abuse its discretion by
    admitting the entire confession.    See United States v. Broussard,
    
    80 F.3d 1025
    , 1039 (5th Cir.), cert. denied, 
    117 S. Ct. 264
    (1996).    Finally, the court properly instructed the jury and
    corrected the error contained in the written instructions before
    the jury began deliberating.    See United States v Brown, 
    49 F.3d 135
    , 137 (5th Cir. 1995)
    AFFIRMED.