United States v. Williams ( 1996 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-40452
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOE WILLIAMS, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:94-CR-108-1
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May 7, 1996
Before KING, JOLLY and WIENER, Circuit Judges.
PER CURIAM:*
Joe Williams, Jr., appeals his conviction for conspiracy to
possess with intent to distribute cocaine. Williams has not
shown that either of his confessions to Special Agent King or to
Officer Alldredge were not voluntary. United States v.
Broussard, ___ F.3d ___, (5th Cir. Apr. 4, 1996, No. 94-20685),
1996 WL 159176 at *5 (“A confession is voluntary if, under the
totality of the circumstances, the statement is the accused’s
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 95-40452
-2-
free and rational choice.”) Williams has not shown that the
confession made to Special Agent King was inadmissible because of
a delay in presentment to a magistrate judge. See United States
v. Alvarez-Sanchez, 114 S. Ct. 1599, 1604-05 (1994).
The other evidence in the case is sufficient to support his
conviction because it corroborated his confessions. United
States v. Laury, 49 F.3d 145, 151 (5th Cir.), cert. denied, 116
S. Ct. 162 (1995); United States v. Ayala, 887 F.2d 62, 67 (5th
Cir. 1989); Opper v. United States, 348 U.S. 84, 93 (1954).
Williams has not demonstrated that the district court
plainly erred in either its instruction to the jury concerning
reasonable doubt or its charge to the jury under Allen v. United
States, 164 U.S. 492, 501-02 (1896). See United States v.
Calverley, 37 F.3d 160, 162-64 (5th Cir. 1994) (en banc) (citing
United States v. Olano, 507 U.S. 725, 731-37 (1993)), cert.
denied, 115 S. Ct. 1266 (1995); United States v.Alonzo, 681 F.2d
997 (5th Cir.), cert. denied, 459 U.S. 1021 (1982).
AFFIRMED.