United States v. Trevino

* 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this opinion should not be published and is not precedent except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
January 3, 2007
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT
No. 06-40352
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RICARDO TREVINO,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of Texas
(1:05-CR-421-2)
Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Ricardo Trevino, convicted of conspiracy to possess with the
intent to distribute more than 100 kilograms of marijuana, appeals
the denial of his motion to suppress his confession. Trevino
claims he was coerced into confessing by government threats to
arrest and imprison his wife (who had been detained) and place his
child in the custody of Child Protective Services.
The voluntariness of a confession is reviewed de novo; the
factual findings underlying that determination, for clear error.

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2
E.g., United States v. Bell, 367 F.3d 452, 460-61 (5th Cir. 2004).
Based on our review of the record, the district court did not err
in finding, under the totality of the circumstances, Trevino’s
confession voluntary. See id. at 461.
AFFIRMED

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