United States v. Watkins

                IN THE UNITED STATES COURT OF APPEALS
                        FOR THE FIFTH CIRCUIT



                            No. 98-20404
                         Conference Calendar



UNITED STATES OF AMERICA,

                                             Plaintiff-Appellee,

versus

FREDERICK WATKINS,

                                             Defendant-Appellant.

                          - - - - - - - - - -
             Appeal from the United States District Court
                  for the Southern District of Texas
                         USDC No. H-97-CR-82-3
                          - - - - - - - - - -

                            April 16, 1999

Before JONES, SMITH, and DUHÉ, Circuit Judges.

PER CURIAM:*

     Frederick Watkins’ motion to stay the appeal so that he may

file, pro se, a supplemental appellate brief is DENIED.       See

United States v. Daniels, 572 F.2d 535, 540 (5th Cir. 1978).

Watkins argues that the district court should have suppressed his

post-arrest statements because he failed to comprehend the

Miranda** warnings he received due to diminished mental capacity.




     *
        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that this opinion should not be published and is not precedent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.
     **
          Miranda v. Arizona, 384 U.S. 436 (1966).
                          No. 98-20404
                               -2-

We find no error in the denial of the suppression motion.   United



States v. Foy, 28 F.3d 464, 474 (5th Cir. 1994); United States v.

Tellez, 11 F. 3d 530, 532 (5th Cir. 1993).

     AFFIRMED.