United States v. Sinclair

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS March 13, 2006 FOR THE FIFTH CIRCUIT _____________________ Charles R. Fulbruge III Clerk No. 05-40544 _____________________ UNITED STATES OF AMERICA, Plaintiff - Appellee, versus WRENKARD SINCLAIR, Defendant - Appellant. _________________________________________________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 3:03-CR-15-1 _________________________________________________________________ Before REAVLEY, JOLLY, and DeMOSS, Circuit Judges. PER CURIAM:* After review of the briefs and record in this case we are convinced that the confession at issue is admissible in the light of Oregon v. Elstad, 470 U.S. 298 (1985), and Missouri v. Seibert, 542 U.S. 600 (2004), the ultimate holding of which we find in Justice Kennedy’s concurrence. The judgment of the district court is thus AFFIRMED. * 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.