United States v. Torres

Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 99-41374 Summary Calendar _____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MIKE TORRES,

Defendant-Appellant, _________________________________________________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. L-98-CR-830-1 _________________________________________________________________

October 26, 2000

Before JOLLY, DAVIS, and STEWART, Circuit Judges.

PER CURIAM:*

Mike Torres appeals his conviction after a jury trial of

possession with intent to distribute marihuana. He argues that the

evidence was insufficient to support his conviction. In

particular, he contends that the evidence did not establish that he

knew of the marihuana hidden in the tires of the pickup truck he

was driving.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. We review the sufficiency of evidence to support a conviction

to determine whether any rational trier of fact could have found

that the evidence established guilt beyond a reasonable doubt.

Jackson v. Virginia, 443 U.S. 307, 318 (1979). It is the sole

province of the jury to determine the weight and credibility of the

evidence. United States v. Casilla, 20 F.3d 600, 602 (5th Cir.

1994). “It is not necessary that the evidence exclude every

reasonable hypothesis of innocence. But, there must be substantial

evidence to uphold the verdict of the jury.” United States v.

Espinoza-Seanez, 862 F.2d 526, 536 (5th Cir. 1988) (citations

omitted). The evidence must be construed in the light most

favorable to the prosecution. United States v. Lombardi, 138 F.3d

559, 560 (5th Cir. 1998).

Considering the totality of the circumstances, we find that

the evidence was sufficient to support a reasonable juror’s finding

of guilt beyond a reasonable doubt. See United States v. Resio-

Trejo, 45 F.3d 907 (5th Cir. 1995); United States v. Olivier-

Becerril, 861 F.2d 424 (5th Cir. 1988).

JUDGMENT AFFIRMED.