United States v. Mendoza

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_____________________

No. 95-40432 Summary Calendar _____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE MARIA MENDOZA,

Defendant-Appellant.

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Appeal from the United States District Court for the Southern District of Texas (L-94-CR-191-01) ________________________________________________

February 8, 1996 Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.

PER CURIAM:*

Jose Maria Mendoza appeals his conviction and sentence for

conspiracy to possess with intent to distribute a controlled

substance, in violation of 21 U.S.C. §§ 846, 841(a)(1), and

841(b)(1)(A). He asserts that the evidence was not sufficient to

independently corroborate his confession. See United States v.

Ybarra, __ F.3d __, 1195 WL 692990 (5th Cir. 1995) (quoting Smith

v. United States, 348 U.S. 147, 152-53 (1954), for recognition of

general rule that accused may not be convicted on his own

uncorroborated confession).

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. Needless to say, we will not disturb a verdict on

insufficiency of evidence grounds if a reasonable trier of fact

could find that the evidence established guilt beyond a reasonable

doubt. E.g., United States v. Bell, 678 F.2d 547, 549 (5th Cir.

1982) (en banc), aff'd, 462 U.S. 356 (1983). We find more than

sufficient evidence to corroborate Mendoza's inculpatory statements

and sufficient evidence from which a reasonable jury could have

concluded that Mendoza conspired to possess cocaine with intent to

distribute.

Accordingly, we

AFFIRM.

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