United States v. Cuellar ( 2001 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40384
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE D. CUELLAR,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-99-CR-224-ALL
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April 6, 2001
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Jose D. Cuellar appeals his conviction of possession of
approximately 1600 pounds of marijuana with intent to distribute,
in violation of 21 U.S.C. § 841(a)(1).
Cuellar contends that the evidence was insufficient to
support the knowledge element of his convictions, in that the
marijuana was concealed in trailer portion of his tractor-trailer
and that another man had had access to the trailer the day before
he was arrested. The evidence was not insufficient to support
*
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that this opinion should not be published and is not precedent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. 00-40384
-2-
Cuellar’s conviction. See United States v. El-Zoubi, 993 F.2d
442, 445 (5th Cir. 1993); United States v. Cano-Guel, 167 F.3d
900, 904 (5th Cir. 1999). Cuellar was the owner of the tractor
and was the lessee of the trailer. The stories he told Border
Patrol agents and a drug-enforcement officer were somewhat
conflicting. Cuellar’s general version of the events was
implausible: It required the jury to believe that an unknown
drug-trafficker had somehow placed $1.3 million worth of
marijuana into his trailer, without having an idea of where
Cuellar might be taking it. The jury was authorized to find that
Cuellar knew about the marijuana. See United States v. Jones,
185 F.3d 459, 464 (5th Cir. 1999) (constructive possession of
drugs may be shown by control of vehicle in which drugs are
concealed), cert. denied, 121 S. Ct. 125 (2000).
AFFIRMED.