United States v. Guevara-Torres

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-20203
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FIDEL GUEVARA-TORRES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. CR-H-94-225-1
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May 3, 1996
Before KING, DAVIS and BENAVIDES, Circuit Judges.
PER CURIAM:*
Fidel Guevara-Torres appeals his convictions and sentences
for conspiracy to possess with intent to distribute, aiding and
abetting in the possession with intent to distribute, conspiracy
to import, and aiding and abetting the importation of, more than
five kilograms of cocaine. He contends that the evidence was
insufficient to convict him. He also contends that the
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 95-20203
-2-
Government relied on the testimony of one of his coconspirators
and that the testimony was unreliable.
We have reviewed the record and the briefs of the parties
and hold that the evidence was sufficient for a reasonable jury
to find Guevara-Torres guilty beyond a reasonable doubt. United
States v. Velgar-Vivero, 8 F.3d 236, 239 (5th Cir. 1993)
(citation omitted), cert. denied, 114 S. Ct. 1865, 2715 (1994).
Even uncorroborated testimony of a coconspirator who entered a
plea agreement with the Government is sufficient to support a
conviction provided that the "testimony is not incredible or
insubstantial on its face." United States v. Singer, 970 F.2d
1414, 1419 (5th Cir. 1992); United States v. Osum, 943 F.2d 1394,
1405 (5th Cir. 1991). The jury determines the credibility of
witnesses. United States v. Layne, 43 F.3d 127, 130 (5th Cir.),
cert. denied, 115 S. Ct. 1722 (1995).
AFFIRMED.