United States v. Darnelld Colman

MEMORANDUM

Colman appeals her jury conviction for importation of cocaine in violation of 21 U.S.C. §§ 952 , 960(a) and 960(b)(l)(B)(ii), and possession with intent to distribute cocaine in violation of 21 U.S.C. §§ 841 (a)(1) and 841(b)(l)(A)(ii).

Colman contends the district court committed reversible error by: (1) failing to hold a voluntariness hearing to determine the voluntariness of statements made during her custodial interrogation; (2) permitting the jury members to view the cocaine seized from her car; (3) using the Ninth Circuit’s model jury instruction on reasonable doubt; and (4) misstating the Ninth Circuit’s model jury instruction on posses sion when reading the -written instructions aloud to the jury members.

For the following reasons, we uphold Colman’s conviction.

Confessions in criminal cases are admissible if voluntarily given, but “[b]e-fore such confession is received in evidence, the trial judge shall, out of the presence of the jury, determine any issue as to voluntariness.” 18 U.S.C. § 3501 (a). Despite the mandatory phrasing of the statute, this court has consistently held if “the issue of admissibility is never raised, the trial court is not required…