Filed: Nov. 13, 1995
Latest Update: Mar. 02, 2020
Summary: UNITED STATES COURT OF APPEALS FIFTH CIRCUIT _ No. 95-40147 (Summary Calendar) _ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ORLANDO GONZALES, Defendant-Appellant. _ Appeal from the United States District Court For the Southern District of Texas (B-94-CR-95-6) _ November 24, 1995 Before HIGGINBOTHAM, DUHÉ, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* A jury convicted Orlando Gonzales of conspiracy to possess cocaine with intent to distribute, in violation of 21 U.S.C. §§ 846, 841(a
Summary: UNITED STATES COURT OF APPEALS FIFTH CIRCUIT _ No. 95-40147 (Summary Calendar) _ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ORLANDO GONZALES, Defendant-Appellant. _ Appeal from the United States District Court For the Southern District of Texas (B-94-CR-95-6) _ November 24, 1995 Before HIGGINBOTHAM, DUHÉ, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* A jury convicted Orlando Gonzales of conspiracy to possess cocaine with intent to distribute, in violation of 21 U.S.C. §§ 846, 841(a)..
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UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT
_______________
No. 95-40147
(Summary Calendar)
_______________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ORLANDO GONZALES,
Defendant-Appellant.
_______________________________________________
Appeal from the United States District Court
For the Southern District of Texas
(B-94-CR-95-6)
_______________________________________________
November 24, 1995
Before HIGGINBOTHAM, DUHÉ, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
A jury convicted Orlando Gonzales of conspiracy to possess
cocaine with intent to distribute, in violation of 21 U.S.C.
§§ 846, 841(a)(1) and 841(b)(1)(A), and of aiding and abetting the
possession of cocaine with intent to distribute, in violation of 21
U.S.C. §§ 841(a)(1), 841(b)(1)(A) and 18 U.S.C. § 2. Gonzales was
sentenced to 288 months imprisonment, five years supervised
release, and a $100 special assessment.
*
Local Rule 47.5.1 provides: "The publication of opinions that have
no precedential value and merely decide particular cases on the basis of well-
settled principles of law imposes needless expense on the public and burdens on
the legal profession." Pursuant to that Rule, the Court has determined that this
opinion should not be published.
Gonzales appeals his conviction for aiding and abetting the
possession of cocaine with intent to distribute, arguing that there
was insufficient evidence to support his conviction. A conviction
for aiding and abetting the possession of cocaine with the intent
to distribute does not require that Gonzales have actual or
constructive possession of the drugs. United States v. Salazar,
958 F.2d 1285, 1292 (5th Cir.), cert. denied, ___ U.S. ___, 113 S.
Ct. 185,
121 L. Ed. 2d 129 (1992). The jury need only find that
Gonzales' "association and participation with the venture were in
a way calculated to bring about that venture's success."
Id.
After having carefully reviewed the record, we conclude that there
was sufficient evidence for a jury to make the required finding and
convict Gonzales of this crime.
AFFIRMED.
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