United States v. Zavala

• Court: Court of Appeals for the Fifth Circuit
• Decided: December 4, 2003
• Docket: 03-40192
• Status: Unpublished

Opinion

United States Court of Appeals Fifth Circuit F I L E D UNITED STATES COURT OF APPEALS December 4, 2003 FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 03-40192 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOE ZAVALA,

Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Texas (4:02-CR-73-7)

Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges.

PER CURIAM:*

Joe Zavala contends that the evidence was insufficient to

support his conviction for conspiracy to distribute 100 kilograms

or more of marijuana. Zavala moved for acquittal at the close of

the Government’s case but not at the close of all of the evidence.

Therefore, his claim is reviewed only to determine whether there

was a manifest miscarriage of justice warranting a reversal.

United States v. McCarty, 36 F.3d 1349, 1358 (5th Cir. 1994); see

also United States v. Dean, 59 F.3d 1479, 1489 (5th Cir. 1995),

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. cert. denied, 516 U.S. 1064 (1996); United States v. Lopez, 979

F.2d 1024, 1029 (5th Cir. 1992). Zavala does not satisfy this

narrow standard.

AFFIRMED