United States v. Gomez-Perez ( 2000 )

No. 99-40929
-1-
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-40929
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NORBERTO GOMEZ-PEREZ,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-99-CR-178-1
- - - - - - - - - -
June 28, 2000
Before GARWOOD, BARKSDALE and BENAVIDES, Circuit Judges.
PER CURIAM:*
Norberto Gomez-Perez appeals his conviction after a jury
trial of conspiracy to possess with intent to distribute
marihuana and possession with intent to distribute marihuana in
violation of 18 U.S.C. § 2 and 21 U.S.C. §§ 841, 846. He argues
that the evidence was insufficient to support his conviction.
In reviewing the sufficiency of the evidence to support a
conviction, the evidence is viewed “in the light most favorable
to the government, giving the government the benefit of all
reasonable inferences and credibility choices.” United States v.
*
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that this opinion should not be published and is not precedent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. 99-40929
-2-
Galvan, 949 F.2d 777, 783 (5th Cir. 1991) (internal quotations
and citation omitted). Because Gomez-Perez did not move for a
judgment of acquittal at the close of the Government’s case or at
the close of presentation of the evidence, this court’s review of
the sufficiency of the evidence is limited to the determination
of whether there was a “manifest miscarriage of justice.” United
States v. Johnson, 87 F.3d 133, 136 (5th Cir. 1996). A
miscarriage of justice exists “only if the record is devoid of
evidence pointing to guilt” or “the evidence on a key element of
the offense was so tenuous that a conviction would be shocking.”
United States v. Laury, 49 F.3d 145, 151 (5th Cir. 1995)
(internal quotations and citation omitted). Our review of the
record does not support such a holding. See United States v.
Barnard, 553 F.2d 389, 393 (5th Cir. 1977).
Therefore, Gomez-Perez’s conviction is AFFIRMED.