United States v. Johnson

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
May 21, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-60839
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FREDRICK JOHNSON; BRIAN JOHNSON,
Defendants-Appellants.
--------------------
Appeals from the United States District Court
for the Northern District of Mississippi
USDC No. 2:02-CR-126-1-D
--------------------
Before SMITH, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Fredrick and Brian Johnson appeal their convictions
for aiding and abetting the retaliation against a witness.
See 18 U.S.C. §§ 2, 1513(b)(2). They contend that the evidence
was insufficient to support a finding that they acted with
an intent to retaliate, and Brian Johnson argues that his
inculpatory oral statement should have been suppressed.

-- 1 of 2 --

No. 03-60839
-2-
We hold that the evidence supports the jury’s finding beyond
a reasonable doubt that the Johnsons acted with an intent to
retaliate, particularly in light of Brian Johnson’s inculpatory
oral statement to that effect. See United States v. Maggitt,
784 F.2d 590, 593-594 (5th Cir. 1986).
We reject Brian Johnson’s claim that his statement should
have been suppressed based on his contention that it was
unreliable. The issue of his oral statement’s reliability was
ultimately a question for the jury, which was free to find the
Government’s witnesses’ testimony on this issue credible. See
United States v. Bermea, 30 F.3d 1539, 1552 (5th Cir. 1994).
AFFIRMED.

-- 2 of 2 --