United States v. Waggoner ( 1998 )

UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT
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No. 97-20324
Summary Calendar
_________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RICKY LAYNE WAGGONER,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of Texas
(H-CR-96-212-1)
April 21, 1998
Before WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Ricky Layne Waggoner appeals his conviction for embezzlement.
In challenging the sufficiency of the evidence, Waggoner argues
that there was insufficient evidence to corroborate his admissions
of guilt, offered through the testimony of three witnesses. He
also argues that the district court erred in denying his motion for
mistrial after the jury deadlocked.
*
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this opinion should not be published and is not precedent except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.
We have carefully reviewed the arguments and the appellate
record. We conclude that the evidence was sufficient to prove
Waggoner’s guilt beyond a reasonable doubt. See United States v.
Garth, 773 F.2d 1469, 1479 (5th Cir. 1985). We also conclude that
the district court did not abuse its discretion in denying the
motion for mistrial. See United States v. Garcia, 732 F.2d 1221,
1227-28 (5th Cir. 1984).
AFFIRMED.
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