United States v. Jones ( 1999 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 99-30370
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
WARREN D. JONES; RODERICK OLIVER,
Defendants-Appellants.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 98-CR-30019-1
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December 22, 1999
Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Warren D. Jones and Roderick Oliver appeal their convictions
for various drug and firearms convictions. The Government has
filed a motion to supplement the record on appeal. The motion is
DENIED.
The defendants contend that the district court abused its
discretion in denying their severance motion. Jones argues that
the district court abused its discretion in denying his motion
*
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that this opinion should not be published and is not precedent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. 99-30370
-2-
for a mistrial based on the Government’s delay in disclosing one
of his taped conversations. Oliver contends that the district
court should have granted his motion for acquittal pursuant to
Fed. R. Crim. P. 29 based on the insufficiency of the evidence.
Oliver also argues that the district court erred in concluding
that his confession during custodial interrogation was voluntary
and therefore admissible at trial.
Our review of the record and the arguments and authorities
convinces us that no reversible error was committed. The
district court did not abuse its discretion in denying the
defendants’ motion for severance. See United States v. Falkner,
17 F.3d 745, 759 (5th Cir. 1994). The district court did not
abuse its broad discretion by declining to employ the drastic
remedy of granting Jones’s motion for a mistrial. See United
States v. Bentley, 875 F.2d 1114, 1118 (5th Cir. 1989). The
evidence was sufficient for a reasonable jury to find Oliver
guilty beyond a reasonable doubt. See United States v. Moser,
123 F.3d 813, 819 (5th Cir. 1997). The district court did not
err in concluding that the totality of circumstances showed that
Oliver’s confession was voluntary. See United States v. Mullin,
178 F.3d 334, 341 (5th Cir.), cert. denied, 120 S. Ct. 454(1999).
AFFIRMED.