United States v. Rebollar

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT May 29, 2007
Charles R. Fulbruge III
Clerk
No. 06-20222
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RAUL REBOLLAR, JR.,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:04-CR-523-2
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Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Raul Rebollar, Jr., appeals his guilty plea convictions for
conspiracy to possess with intent to distribute five kilograms or
more of cocaine and aiding and abetting possession with intent to
distribute five kilograms or more of cocaine. He contends that the
factual basis was insufficient to support his convictions.
Because Rebollar did not challenge the sufficiency of the factual
basis in the district court, review is for plain error. United
States v. Angeles-Mascote, 206 F.3d 529, 530 (5th Cir. 2000).
*
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this opinion should not be published and is not precedent except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. 06-20222
-2-
The factual basis provided sufficient evidence to infer that
Rebollar was not just merely present at the scene of a crime, but
rather that he voluntarily agreed to conspire with others to
possess with intent to distribute five kilograms or more of
cocaine. The factual basis reflects that on February 25, 2004,
Rebollar met with an undercover narcotics officer and traveled with
the officer to a residence where another coconspirator negotiated
a drug transaction. The next day, the undercover narcotics
officers met with Rebollar and three named coconspirators at the
same residence. At the residence, the negotiations regarding the
drug transaction continued. Rebollar was arrested while he and the
other coconspirators were in route to conclude a transaction for
five kilos of cocaine with the undercover narcotics officers.
The fact that Rebollar may have played a minor role and did
not actually possess the cocaine is not determinative of whether he
is guilty of conspiracy. See United States v. Gonzales, 866 F.2d
781, 788 (5th Cir. 1989); United States v. Ayala, 887 F.2d 62, 68
(5th Cir. 1989). Additionally, Rebollar’s intent to distribute the
cocaine can be inferred from the quantity of cocaine involved,
specifically 14 kilograms. See Ayala, 887 F.2d at 68. The factual
basis further provided sufficient evidence to show that Rebollar
associated with the criminal venture and sought by his actions for
the venture to succeed. See United States v. Garcia, 242 F.3d at
593, 596 (5th Cir. 2001); United States v. Jaramillo, 42 F.3d 920,
923 (5th Cir. 1995).
No. 06-20222
-3-
Accordingly, Rebollar has failed to establish plain error and
the district court’s judgment is AFFIRMED.