United States v. Sinclair

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS March 13, 2006 FOR THE FIFTH CIRCUIT _____________________ Charles R. Fulbruge III Clerk No. 05-40544 _____________________

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

WRENKARD SINCLAIR,

Defendant - Appellant. _________________________________________________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 3:03-CR-15-1 _________________________________________________________________

Before REAVLEY, JOLLY, and DeMOSS, Circuit Judges.

PER CURIAM:*

After review of the briefs and record in this case we are

convinced that the confession at issue is admissible in the light

of Oregon v. Elstad, 470 U.S. 298 (1985), and Missouri v. Seibert,

542 U.S. 600 (2004), the ultimate holding of which we find in

Justice Kennedy’s concurrence.

The judgment of the district court is thus

AFFIRMED.

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.