IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-50294
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LUIS CARLOS CANTU,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-99-CR-346-ALL-OG
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February 13, 2001
Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Luis Carlos Cantu appeals the district court’s denial of his
motion to suppress his confession for possession of marijuana in
San Antonio. Cantu argued that his confession was involuntary
because he had been misled to believe he would not be criminally
prosecuted based on any information which he provided. Following
a hearing, the district court found that the law enforcement
officers had not offered Cantu immunity from prosecution in the
*
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that this opinion should not be published and is not precedent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.
No. 00-50294
-2-
offense of conviction. This finding is based on the clear and
unequivocal testimony given by officers at the suppression
hearing and is not clearly erroneous. United States v. Restrepo,
994 F.2d 173, 183 (5th Cir. 1993).
We review de novo whether statement was voluntary,
considering the totality of the circumstances. Restrepo, 994
F.2d at 184. It is undisputed that the officers were seeking
Cantu’s cooperation in an investigation into large-scale drug
trafficking in Houston. The totality of the circumstances
confirm the district court’s conclusion that Cantu’s confession
was voluntary and not induced by any misunderstanding that the
promise of immunity included the offense of conviction.
AFFIRMED.