United States v. Alaniz

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 95-40894 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

DIANA N. ALANIZ; SALOME A. PALOMO,

Defendants-Appellants.

_________________________________________________________________

Appeal from the United States District Court for the Southern District of Texas (CR-B-95-112-02) _________________________________________________________________ October 23, 1996 Before KING, JONES, and DeMOSS, Circuit Judges.

PER CURIAM:*

Diana N. Alaniz and Salome A. Palomo appeal their judgments

of conviction for unlawful disclosure of confidential information

in violation of 18 U.S.C. § 1905. Alaniz and Palomo argue that

the evidence was insufficient to support the convictions, and

Palomo further argues that the district court constructively

amended the indictment in its jury instruction. We have reviewed

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. the record and the briefs of the parties and hold that the

evidence was sufficient for a reasonable jury to find Alaniz and

Palomo guilty beyond a reasonable doubt. United States v. Bell,

678 F.2d 547, 549 (5th Cir. 1982) (en banc), aff'd, 462 U.S. 356

(1983). There was no constructive amendment to the indictment

because the requested addition to the jury charge was not an

element of the offense. United States v. Arlen, 947 F.2d 139,

144 (5th Cir. 1991), cert. denied, 503 U.S. 939 (1992).

AFFIRMED.