Filed: Apr. 04, 2001
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-40871 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus FELIPE MEDINA-MAR, Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. C-98-CR-309-1 - April 4, 2001 Before SMITH, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* Felipe Medina-Mar appeals his jury convictions for conspiracy to possess with intent to distribute marijuana and four counts of ai
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-40871 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus FELIPE MEDINA-MAR, Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. C-98-CR-309-1 - April 4, 2001 Before SMITH, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* Felipe Medina-Mar appeals his jury convictions for conspiracy to possess with intent to distribute marijuana and four counts of aid..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40871
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FELIPE MEDINA-MAR,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-98-CR-309-1
--------------------
April 4, 2001
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Felipe Medina-Mar appeals his jury convictions for conspiracy
to possess with intent to distribute marijuana and four counts of
aiding and abetting possession with intent to distribute marijuana.
He argues that the evidence was insufficient to support his
convictions and that the district court should not have considered
the testimony of the witnesses who were cooperating with the
Government in exchange for more lenient sentences. As long as it
is not factually insubstantial or incredible, the uncorroborated
testimony of a co-conspirator, even one who has been chosen to
*
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that this opinion should not be published and is not precedent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. 00-40871
-2-
cooperate with the Government in exchange for nonprosecution or
leniency, may be constitutionally sufficient evidence to convict.
United States v. Westbrook,
119 F.3d 1176, 1189 (5th Cir. 1997).
A review of the record shows a rational trier of fact could have
found beyond a reasonable doubt that Medina-Mar conspired to
possess with the intent to distribute marijuana and cocaine and
that he aided and abetted the possession of at least four shipments
of marijuana with intent to distribute. See United States v.
Delagarza-Villarreal,
141 F.3d 133, 140 (5th Cir. 1997); United
States v. Jaramillo,
42 F.3d 920, 923 (5th Cir. 1995).
Medina-Mar raises numerous allegations of ineffective
assistance of counsel. Because Medina-Mar did not raise these
claims in the district court and the record is not adequately
developed, we decline to consider Medina-Mar’s claims at this time.
Medina-Mar may raise his ineffective assistance claims in an
appropriate proceeding under 28 U.S.C. § 2255. See United States
v. Thomas,
12 F.3d 1350, 1368 (5th Cir. 1994).
AFFIRMED.