United States v. Griffin

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-60651
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ARCHIE GRIFFIN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 4:94-CR-97
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August 5, 1996
Before GARWOOD, WIENER and PARKER, Circuit Judges.
PER CURIAM:*
Archie Griffin appeals his conviction for conspiracy to
illegally transport and receive firearms in violation of 18
U.S.C. § 371. He contends that the district court erred in
refusing to suppress oral statements he made after his arrest,
there was insufficient evidence to support his conviction, the
district court erred in admitting "other acts" evidence, the
court abused its discretion in denying his motion for a
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 95-60651
-2-
continuance, and the district court erred in increasing his
offense level under U.S.S.G. § 3B1.1(a) of the U.S. Sentencing
Guidelines.
Our review of the record and the arguments and authorities
convinces us that no reversible error was committed. The
district court did not err in denying Griffin's motion to
suppress his oral statements. See United States v. Hopkins, 433
F.2d 1041, 1045 (5th Cir. 1970). The evidence was sufficient for
a reasonable jury to find Griffin guilty beyond a reasonable
doubt. See United States v. Singer, 970 F.2d 1414, 1419 (5th
Cir. 1992). The admission of "other acts" evidence was not
unfairly prejudicial to Griffin. See United States v. Pace, 10
F.3d 1106, 1115-16 (5th Cir. 1993), cert. denied, 114 S. Ct. 2180(1994). The court did not abuse its discretion in denying his
motion for a continuance because Griffin failed to show that he
suffered serious prejudice as a result of the denial. See United
States v. Scott, 48 F.3d 1389, 1393 (5th Cir.), cert. denied, 116
S. Ct. 264 (1995). The court did not clearly err in assessing
the four-level increase in Griffin's offense level for his
leadership role. See United States v. Puig-Infante, 19 F.3d 929,
944 (5th Cir.), cert. denied, 115 S. Ct. 180 (1994).
Accordingly, the judgment is AFFIRMED.