Filed: Nov. 21, 1995
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 95-50116 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus FRANCISCO LOPEZ-ESCOBAR, JUAN ESTRADA-SILLAS, JESUS ALVAREZ- ESPINOZA, Defendants-Appellants. Appeal from the United States District Court for the Western District of Texas (CF-P-94-34-1) December 1, 1995 Before GARWOOD, SMITH and EMILIO M. GARZA, Circuit Judges.* PER CURIAM: After a review of the record, we hold that the district court did not abuse its
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 95-50116 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus FRANCISCO LOPEZ-ESCOBAR, JUAN ESTRADA-SILLAS, JESUS ALVAREZ- ESPINOZA, Defendants-Appellants. Appeal from the United States District Court for the Western District of Texas (CF-P-94-34-1) December 1, 1995 Before GARWOOD, SMITH and EMILIO M. GARZA, Circuit Judges.* PER CURIAM: After a review of the record, we hold that the district court did not abuse its d..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-50116
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FRANCISCO LOPEZ-ESCOBAR, JUAN
ESTRADA-SILLAS, JESUS ALVAREZ-
ESPINOZA,
Defendants-Appellants.
Appeal from the United States District Court for the
Western District of Texas
(CF-P-94-34-1)
December 1, 1995
Before GARWOOD, SMITH and EMILIO M. GARZA, Circuit Judges.*
PER CURIAM:
After a review of the record, we hold that the district court
did not abuse its discretion by admitting the English transcripts
of the Spanish tape-recorded conversations. United States v.
Sutherland,
656 F.2d 1181, 1201 (5th Cir. 1981), cert. denied,
455
U.S. 949 and 991 (1982); United States v. Rochan,
563 F.2d 1246,
*
Local Rule 47.5 provides: “The publication of opinions that
have no precedential value and merely decide particular cases on
the basis of well-settled principles of law imposes needless
expense on the public and burdens on the legal profession.”
Pursuant to that Rule, the Court has determined that this opinion
should not be published.
1251 (5th Cir. 1977). See also United States v. Valencia,
957 F.2d
1189, 1194 (5th Cir.), cert. denied,
113 S. Ct. 254 (1992).
Appellants had their own translator listen to the tapes and
prepare English transcripts thereof, but did not tender these
transcripts, or their translator’s testimony, to the court or jury,
and presented no evidence that the government’s transcripts were
inaccurate. The government’s evidence showed that its transcripts
were accurate.
Appellants’ contention that the Interpreters in Courts of the
United States Act, 28 U.S.C. § 1827, applies is raised for the
first time on appeal. Appellants did not make this contention
below and did not request that the court appoint a translator or
interpreter in respect to the tapes or suggest that it should have
done so. No plain error is shown in this respect; appellants cite
no decision stating the Act is applicable in this setting, and at
least one appellate decision holds it is not. United States v.
Lira-Arredondo,
38 F.3d 531 (10th Cir. 1994).
Finally, the district court did not err in denying Alvarez-
Espinoza’s motion during trial to suppress statements he made to
Federal Bureau of Investigation agents after his arrest. United
States v. Andrews,
22 F.3d 1328, 1340 (5th Cir.), cert. denied,
115
S. Ct. 346 (1994).
The appellants’ convictions and sentences are
AFFIRMED.
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