United States v. Alaniz ( 1996 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-40894
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
DIANA N. ALANIZ; SALOME A. PALOMO,
Defendants-Appellants.
_________________________________________________________________
Appeal from the United States District Court
for the Southern District of Texas
(CR-B-95-112-02)
_________________________________________________________________
October 23, 1996
Before KING, JONES, and DeMOSS, Circuit Judges.
PER CURIAM:*
Diana N. Alaniz and Salome A. Palomo appeal their judgments
of conviction for unlawful disclosure of confidential information
in violation of 18 U.S.C. § 1905. Alaniz and Palomo argue that
the evidence was insufficient to support the convictions, and
Palomo further argues that the district court constructively
amended the indictment in its jury instruction. We have reviewed
*
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that this opinion should not be published and is not precedent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.
the record and the briefs of the parties and hold that the
evidence was sufficient for a reasonable jury to find Alaniz and
Palomo guilty beyond a reasonable doubt. United States v. Bell,
678 F.2d 547, 549 (5th Cir. 1982) (en banc), aff'd, 462 U.S. 356
(1983). There was no constructive amendment to the indictment
because the requested addition to the jury charge was not an
element of the offense. United States v. Arlen, 947 F.2d 139,
144 (5th Cir. 1991), cert. denied, 503 U.S. 939 (1992).
AFFIRMED.
2