Filed: Jun. 04, 2003
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 4, 2003 Charles R. Fulbruge III Clerk No. 02-50992 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JESUS FERNANDEZ, Defendant-Appellant. - Appeal from the United States District Court for the Western District of Texas USDC No. EP-02-CR-350-1-PRM - Before JONES, STEWART and DENNIS, Circuit Judges. PER CURIAM:* Jesus Fernandez appeals his conviction for the
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 4, 2003 Charles R. Fulbruge III Clerk No. 02-50992 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JESUS FERNANDEZ, Defendant-Appellant. - Appeal from the United States District Court for the Western District of Texas USDC No. EP-02-CR-350-1-PRM - Before JONES, STEWART and DENNIS, Circuit Judges. PER CURIAM:* Jesus Fernandez appeals his conviction for the k..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 4, 2003
Charles R. Fulbruge III
Clerk
No. 02-50992
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESUS FERNANDEZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-02-CR-350-1-PRM
--------------------
Before JONES, STEWART and DENNIS, Circuit Judges.
PER CURIAM:*
Jesus Fernandez appeals his conviction for the knowing
and intentional importation and possession with intent to
distribute marijuana. Fernandez argues that the evidence is
insufficient to support his conviction. We review a sufficiency
challenge to determine “whether any reasonable trier of fact could
have found that the evidence established the essential elements of
the crime beyond a reasonable doubt.” United States v. Ortega
Reyna,
148 F.3d 540, 543 (5th Cir. 1998).
*
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this opinion should not be published and is not precedent except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. 02-50992
-2-
Fernandez contends that the evidence was insufficient to
prove beyond a reasonable doubt that he knew that there was
marijuana stuffed into the seat of his truck. Fernandez’s version
of events is that he “was used as an unwilling dupe when he
purchased the vehicle.” For it to be plausible that Fernandez was
innocent because he was unaware of the presence of the drugs in the
seat of the truck, it has to be accepted that some unknown person
sold him a $700 truck containing $37,000 worth of marijuana.
Additionally, this same person allowed Fernandez to cross the
border into Mexico with the drugs and did not attempt to retrieve
the drugs for three months. It would also have to be accepted that
Fernandez did not notice that the seat of the truck was as hard as
a bench or that he did notice it and did not investigate. A
defendant’s inconsistent statements and implausible story
constitute sufficient evidence to support the jury’s finding of
guilty knowledge. United States v. Cano-Guel,
167 F.3d 900, 905
(5th Cir. 1999). The evidence adduced at trial was sufficient
to allow a rational jury to find that Fernandez knew of the
marijuana in the passenger seat of his truck. United States
v. Gutierrez-Farias,
294 F.3d 657, 660-61 (5th Cir. 2002).
AFFIRMED.