United States v. Lopez-Luebano ( 1996 )


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  •                IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 95-50847
    Summary Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    GERARDO LOPEZ-LUEBANO,
    Defendant-Appellant.
    - - - - - - - - - -
    Appeal from the United States District Court
    for the Western District of Texas
    USDC No. EP-95-CR-229-ALL
    - - - - - - - - - -
    May 29, 1996
    Before GARWOOD, WIENER and PARKER, Circuit Judges.
    PER CURIAM:*
    Gerardo Lopez-Luebano appeals his jury convictions for
    possession with intent to distribute marijuana and the
    importation of marijuana.   He contends that the evidence was
    insufficient to prove that he knew that there was marijuana
    hidden in the tires of the truck that he was driving.     We have
    reviewed the record and the briefs of the parties and hold that
    the evidence was sufficient for a reasonable jury to find Lopez-
    Luebano guilty beyond a reasonable doubt.   United States v. Diaz-
    *
    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    this opinion should not be published and is not precedent except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. 95-50847
    - 2 -
    Carreon, 
    915 F.2d 951
    , 953 (5th Cir. 1990) (possession with
    intent to distribute narcotics); United States v. Ojebode, 
    957 F.2d 1218
    , 1223 (5th Cir. 1992), cert. denied, 
    113 S. Ct. 1291
    (1993) (importation of narcotics).
    Lopez-Luebano also contends that the district court abused
    its discretion when it refused to instruct the jury that his
    nervousness alone was insufficient to support a finding of guilty
    knowledge.    The requested instruction did not concern an
    important point in the trial such that its omission seriously
    impaired the appellant's ability to present a given defense
    effectively.     United States v. Chaney, 
    964 F.2d 437
    , 444 (5th
    Cir. 1992).
    AFFIRMED.
    

Document Info

Docket Number: 95-50847

Filed Date: 6/7/1996

Precedential Status: Non-Precedential

Modified Date: 4/17/2021