United States v. Alexander

U.S. Court of Appeals for the Fifth Circuit

United States v. Alexander

Opinion

In the United States Court of Appeals

For the Fifth Circuit _______________

m 02-50144 _______________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

VERSUS

DEL JUAN ALEXANDER AND WINSTON WHITE,

Defendants-Appellants.

_________________________

Appeal from the United States District Court for the Western District of Texas m EP-01-CR-418-2-DB _________________________

December 10, 2002 Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

In their appeal of their convictions of con- spiracy to possess and distribute more than 1000 kilograms of marihuana, defendants raise various issues. Del Juan Alexander challenges the sufficiency of the evidence, and Winston White attacks the use of a deliberate ignorance instruction, the prosecutor’s comments, and denial of the use of advisory counsel, and he raises a claim of ineffective assistance of counsel.

We have read the briefs and the applicable law, have heard the arguments of counsel, and have consulted pertinent portions of the rec- ord. We have determined that the record is not ripe for decision on the claim of ineffective assistance of counsel, so we decline to decide that issue and make no comment on it. We find no reversible error on the other issues. If there was error, it was harmless.

The judgments of conviction are AFFIRMED.

* Pursuant to 5TH CIR. R. 47.5, the court has deter- mined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

2

Reference

Status
Unpublished