United States v. Vitela

United States Court of Appeals
Fifth Circuit
F I L E D
November 17, 2004
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT
No. 04-30079
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HIRAM GARCIA,
Defendant-Appellant.
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Consolidated with
No. 04-30127
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESSE VITELA,
Defendant-Appellant.
Appeals from the United States District Court
for the Western District of Louisiana
(02-CR-50503-2)
Before BARKSDALE, GARZA, and DeMOSS, Circuit Judges.

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* 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this opinion should not be published and is not precedent except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.
PER CURIAM:*
Hiram Garcia and Jesse Vitela pleaded guilty to, and were
convicted of, three counts: conspiracy to possess with intent to
distribute controlled substances, in violation of 21 U.S.C. §
841(a)(1) and § 846; possession with intent to distribute powdered
cocaine, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2;
and possession with intent to distribute marijuana, in violation of
21 U.S.C. § 841(a)(1) and 18 U.S. C. § 2. Garcia and Vitela appeal
their convictions.
Both contend incriminating evidence was seized during an
unconstitutional search of their vehicle. In addition, Vitela
maintains: his confession was unconstitutionally coerced because
he was detained outside the room in which Garcia was making a
statement; and, although Vitela had originally declined to give a
statement, this pressured Vitela to give one in order to defend
himself against any accusations Garcia might be making.
For essentially the reasons stated by the magistrate judge in
his comprehensive and well-reasoned report and recommendation, as
adopted by the district court on 25 March 2003, the judgments are
AFFIRMED.

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