United States v. Valiente

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-51248
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MIGUEL ANGEL VALIENTE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-01-CR-469-3-DB
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November 13, 2002
Before REAVLEY, SMITH and STEWART, Circuit Judges.
PER CURIAM:*
Miguel Angel Valiente appeals his conviction for conspiracy
to possess with intent to distribute marihuana and possession
with intent to distribute marihuana in violation of 21 U.S.C.
§§ 841 & 846. He argues that the evidence was insufficient to
establish that he knew of the marihuana or the conspiracy. In
particular, he argues that the testimony of two special agents of
the United States Customs Service that they observed him
*
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that this opinion should not be published and is not precedent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. 01-51248
-2-
unloading bundles of marihuana from a van is incredible as a
matter of law.
We find that the testimony of the special agents was not
incredible as a matter of law but rather involved a credibility
determination for the jury. See United States v. Green, 180 F.3d
216, 221-22 (5th Cir. 1999). Construing the evidence in the
light most favorable to the jury’s verdict, the evidence was
sufficient to establish Valiente’s knowledge and possession of
the marihuana and his participation in the conspiracy to
distribute it. See United States v. Miller, 146 F.3d 274, 280-81
(5th Cir. 1998); United States v. Casilla, 20 F.3d 600, 603 (5th
Cir. 1994).
AFFIRMED.