United States v. Martinez-Vasquez ( 2007 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 28, 2007
Charles R. Fulbruge III
Clerk
No. 06-50733
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GUSTAVO MARTINEZ-VASQUEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:05-CR-681-ALL
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Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Gustavo Martinez-Vasquez appeals from his jury-trial
conviction of conspiracy to possess with the intent to distribute
more than 100 kilograms of marijuana and possession with the
intent to distribute more than 100 kilograms of marijuana. He
argues that the evidence was insufficient to support the jury’s
finding that the he knew that the car in which he was traveling
as a passenger contained marijuana. Martinez-Vasquez preserved
this issue for de novo review. See United States v.
Peñaloza-Duarte, 473 F.3d 575, 579 (5th Cir. 2006).
*
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this opinion should not be published and is not precedent except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.
No. 06-50733
-2-
In addition to hearing testimony that Martinez-Vasquez
attempted to evade arrest once the car stopped, the jury heard
testimony that (1) Martinez-Vasquez possessed a phone book
containing the names and numbers of other subjects of the
investigation; (2) Martinez-Vasquez helped to load the boxes of
marijuana into the car; and (3) the car had a strong odor of
marijuana. Viewing this evidence in the light most favorable to
the verdict, a rational jury could have found Martinez-Vasquez’s
knowledge of the marijuana beyond a reasonable doubt. See United
States v. Mireles, 471 F.3d 551, 555-56 (5th Cir. 2006); United
States v. Flores, 564 F.2d 717, 718-19 (5th Cir. 1977).
AFFIRMED.