UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-20011
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
VERSUS
SAMUEL POSADA-RIOS, a.k.a. HERMAN VILLA, a.k.a. LIMONADA
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of Texas
(H-92-CR-137-1)
March 9, 1999
Before DAVIS, STEWART, and PARKER, Circuit Judges.
PER CURIAM:*
Appellant Samuel Posada-Rios was convicted following trial by
jury of violations of the Racketeer Influenced and Corrupt
Organizations (RICO) Act, conspiracy to violate RICO and conspiracy
to possess with intent to distribute cocaine. After being
sentenced to three concurrent life sentences without parole he
presents a single issue for consideration in this direct appeal of
*
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this opinion should not be published and is not precedent except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.
his conviction. Specifically, he presents the issue of whether the
district court erred in failing to order the government to inquire
into the existence of favorable evidence which is designated as
classified. The issue raised by appellant asserts his
constitutional entitlement to both protection from suppression of
exculpatory evidence by the government and disclosure of evidence
for use in the impeachment of government witnesses pursuant to
Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215
(1963), and its progeny.
We have carefully considered the briefs, the arguments of
counsel and the record, and conclude that under the facts and
circumstances of this case the district court did not abuse its
discretion in denying appellant’s Brady and Rule 16 Motions. See
FED.R.CRIM.P. 16.
Appellants convictions are AFFIRMED.