United States v. Canales ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS December 22, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-40345
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ARMANDO CANALES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:02-CR-17-1
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Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Armando Canales appeals his conviction for assaulting a
fellow inmate with a dangerous weapon at the Federal Correctional
Complex in Beaumont, Texas, in violation of 18 U.S.C.
§ 113(a)(3). Canales contends that the evidence was insufficient
to prove that he stabbed the victim, and that the Government
failed to prove that he used two different weapons, as he
contends the indictment alleged.
*
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that this opinion should not be published and is not precedent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. 03-40345
-2-
Because Canales did not move for a judgment of acquittal in
the district court, we review the sufficiency of the evidence to
determine whether the verdict represents a “manifest miscarriage
of justice.” See United States v. Johnson, 87 F.3d 133, 136 (5th
Cir. 1996). The evidence, which included the eyewitness
testimony of a corrections officer, was more than sufficient for
a reasonable jury to find that Canales stabbed the victim with a
deadly weapon. Accordingly, the verdict does not reflect a
miscarriage of justice. See United States v. Laury, 49 F.3d 145,
151 (5th Cir. 1995). Canales’s assertion that the indictment
required proof that he used two weapons is without merit.
AFFIRMED.