United States v. Rodriguez ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-50853
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GERALDO H. RODRIGUEZ,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Western District of Texas
USDC No. A-96-CR-152-ALL
- - - - - - - - - -
August 10, 1998
Before JONES, SMITH, and STEWART, Circuit Judges.
PER CURIAM:*
Geraldo H. Rodriguez appeals his jury conviction of
possession with intent to distribute heroin. He argues that
1) his confessions were involuntary because they were induced by
police officers’ promise to not file charges against his wife if
he cooperated, and 2) the district court erred in attributing 730
grams of heroin to Rodriguez.
The record indicates that there was sufficient evidence to
support a good faith arrest of Rodriguez’s wife, and therefore
Rodriguez’s argument that his confessions were involuntary
*
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that this opinion should not be published and is not precedent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. 97-50853
-2-
because of his desire to extricate her criminal charges is
without merit. See Allen v. McCotter, 804 F.2d 1362, 1364 (5th
Cir. 1986).
The presentence report’s and the officer’s testimony at the
sentencing hearing provided a sufficient indicia of reliability
for the district court to find that Rodriguez was accountable for
730 grams of heroin. United States v. Golden, 17 F.3d 735, 736-
37 (5th Cir. 1995); United States v. Gracia, 983 F.2d 625, 628-30
(5th Cir. 1993).
AFFIRMED.