IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40228
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
VERNON EARL COLEMAN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-95-CR-213-1
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December 13, 1996
Before JONES, DeMOSS and PARKER, Circuit Judges.
PER CURIAM:*
Vernon Earl Coleman appeals his convictions for conspiracy
to possess and possession with intent to distribute marijuana in
violation of 21 U.S.C. § 841(b)(1)(B) and 846. He argues that
his confession must be suppressed because the law enforcement
officers failed to “scrupulously honor” his invocation of his
Fifth Amendment right to silence and thus was inadmissible
according to Michigan v. Mosley, 423 U.S. 96 (1975). Coleman did
*
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that this opinion should not be published and is not precedent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. 96-40228
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not raise this issue in the district court. His challenge to his
confession in the district court was limited to the contention
that his confession was coerced by threats. This issue must be
reviewed for plain error. United States v. Alvarado-Saldivar, 62
F.3d 697, 699 (5th Cir. 1995), cert. denied, 116 S. Ct. 742
(1996). According to Coleman’s own testimony, it is not clear
that Coleman ever invoked his right to remain silent. The
district court did not plainly err in failing to suppress
Coleman’s statements.
AFFIRMED.