United States v. Patterson , 89 F. App'x 462 ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS March 12, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-20204
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DWAYNE REGINALD PATTERSON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-783-2
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Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Dwayne Reginald Patterson has appealed his jury convictions
for conspiracy to possess stolen microprocessors and five
individual counts of possession of stolen microprocessors in
violation of 18 U.S.C. §§ 371 and 2315. Patterson contends that
the Government failed to prove that he knew that the
microprocessors were stolen. Contrary to Patterson’s assertion,
the evidence does not give “equal or nearly equal circumstantial
support to a theory of guilt and a theory of innocence of the
*
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this opinion should not be published and is not precedent except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. 03-20204
-2-
crime charged.” United States v. Jaramillo, 42 F.3d 920, 923
(5th Cir. 1995). Viewing the evidence in the light most
favorable to the Government, we hold that the evidence was
sufficient to enable a reasonable juror to find that the
Government had proved beyond a reasonable doubt that Patterson
participated in the conspiracy to sell stolen microprocessors and
had possessed those microprocessors knowing that the
microprocessors were stolen. See United States v. Bell, 678 F.2d
547, 549 (5th Cir. Unit B 1982) (en banc), aff’d on other
grounds, 462 U.S. 356 (1983); see also Jackson v. Virginia, 443
U.S. 307, 319 (1979).
AFFIRMED.