United States v. Martinez-Lopez

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-41253
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
OSCAR MARTINEZ-LOPEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-90-CR-247-1
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May 25, 2000
Before DAVIS, DUHÉ and DeMOSS, Circuit Judges.
PER CURIAM:1
Oscar Martinez-Lopez challenges his conviction for conspiracy
to possess with the intent to distribute more than 100 but less
than 1000 kilograms of marijuana, in violation of 21 U.S.C. §§
841(a)(1), 841(b)(1)(B), and 846. He argues that the evidence was
insufficient to overcome his entrapment defense. He argues that
the Government used a confidential informant to lure him into
participating in the drug deal, which crime he was not otherwise
predisposed to committing.
The standard of review is the same as that which applies to
1
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that this opinion should not be published and is not precedent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.
sufficiency of the evidence. United States v. Rodriguez, 43 F.3d
117, 126 (5th Cir. 1995). This court accepts every fact in the
light most favorable to the conviction and will reverse only if no
rational jury could have found beyond a reasonable doubt that
Martinez was predisposed to commit the offense. See United States
v. Sandoval, 20 F.3d 134, 137 (5th Cir. 1994).
The appellant has not demonstrated error in connection with
the rejection of his entrapment defense. The trial testimony
reflects that the appellant was eager to enter into the transaction
proposed by the Government. His enthusiastic participation in the
drug deal is sufficient to prove that he was predisposed to
committing the offense. See United States v. Chavez, 119 F.3d 342,
346 (5th Cir. 1997).
The appellant has failed to demonstrate any error in
connection with his conviction, and the district court’s judgment
is affirmed.
AFFIRMED.
2