United States v. Nerey-Valdivia

Opinion

Case: 25-40034 Document: 57-1 Page: 1 Date Filed: 11/04/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-40034 Summary Calendar FILED ____________ November 4, 2025 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Mario Enrique Nerey-Valdivia,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:24-CR-281-1 ______________________________

Before Dennis, Engelhardt, and Wilson, Circuit Judges. Per Curiam: * A jury convicted Mario Enrique Nerey-Valdivia of two counts of transporting undocumented individuals. He argues on appeal that the evidence was insufficient to show he knew the individuals were in his truck. “We review an unpreserved sufficiency challenge for plain error.” United States v. Reed, 974 F.3d 560, 561 (5th Cir. 2020). There is no plain error

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-40034 Document: 57-1 Page: 2 Date Filed: 11/04/2025

No. 25-40034

because, at trial, some of the hidden occupants testified that Nerey-Valdivia told them to cover up and remain quiet just before reaching the Falfurrias Border Patrol checkpoint in Texas. While there was conflicting testimony, that alone does not permit overturning a jury’s verdict on this record. United States v. Lugo-Lopez, 833 F.3d 453, 457 (5th Cir. 2016). The jury could reasonably infer that he knowingly transported undocumented individuals. AFFIRMED.