United States v. Cabello

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-50839, 97-50954
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
AUDEN BERNAL CABELLO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. P-97-CR-73-3
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September 17, 1998
Before JOLLY, SMITH, and WIENER, Circuit Judges.
PER CURIAM:*
Auden Bernal Cabello appeals his conviction for possession
with intent to distribute marijuana and the revocation of his
supervised release based on his commission of that offense. He
argues that the evidence was insufficient because there was no
evidence linking him with the marijuana in the white Chevrolet
truck. The record was not devoid of evidence of Cabello’s
knowledge and his actions in aiding and abetting the offense of
*
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that this opinion should not be published and is not precedent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. 97-50839, 97-50954
-2-
possession with intent to distribute marijuana in conformity with
the lead-car-load-car modus operandi. United States v. Pierre,
958 F.2d 1304, 1310 (5th Cir. 1992) (en banc); United States v.
Villareal, 565 F.2d 932, 938 (5th Cir. 1978); United States v.
Jaramillo, 42 F.3d 920, 923 (5th Cir. 1995). The district court
did not abuse its discretion in revoking Cabello’s supervised
release. United States v. McCormick, 54 F.3d 214, 219 (5th Cir.
1995).
AFFIRMED.