United States v. West

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-40957 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JAMES ALTON WEST,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:95-CR-161-2 - - - - - - - - - - August 1, 1997 Before JOLLY, BENAVIDES, and PARKER, Circuit Judges.

PER CURIAM:*

James Alton West appeals his conviction for conspiracy to

possess with intent to distribute marijuana and possession with

intent to distribute marijuana. West contends that the evidence

was insufficient to support his conviction and that the district

court erred in denying his motion and amended motion to dismiss

the indictment on grounds of prosecutorial vindictiveness.

The evidence was sufficient to support West’s conviction.

See United States v. Maltos, 985 F.2d 743, 746 (5th Cir. 1992);

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 96-40957 -2-

United States v. Diaz-Carreon, 915 F.2d 951, 953-54 (5th Cir.

1990). The district court did not err in denying West’s motion

and amended motion to dismiss the indictment because West did not

demonstrate that circumstances warranted a presumption of

vindictiveness or actual vindictiveness. See United States v.

Johnson, 91 F.3d 695, 697-99 (5th Cir. 1996); United States v.

Aggarwal, 17 F.3d 737, 744 (5th Cir. 1994).

AFFIRMED.