UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No.95-11056
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RAUL HECTOR GARZA, also known
as Raul Garza,
Defendant-Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:94-CR-170-D
October 21, 1996
Before POLITZ, Chief Judge, KING and PARKER, Circuit Judges.
PER CURIAM:*
Raul Hector Garza appeals his convictions for conspiracy, possession of
cocaine with intent to distribute, and use of a communications facility in
*
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this opinion should not be published and is not precedent except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.
furtherance of a drug trafficking offense.1 He contends that the admission of
evidence of his state conviction for possession with the intent to distribute 400
grams of cocaine violated Fed. R. Evid. 404(b) because it was not relevant and its
probative value was outweighed by undue prejudice. Our review of the record
persuades that the district court did not abuse its discretion in admitting this
evidence.2 Garza also challenges the sufficiency of the evidence to support his
conspiracy conviction. This challenge lacks merit. The record contains evidence
which is abundantly sufficient for a reasonable jury to find Garza guilty of every
element of this charge beyond a reasonable doubt.3 Garza does not challenge his
other convictions but merely asks that we reverse same. We decline to do so.
The convictions and sentences are AFFIRMED.
1
18 U.S.C. § 2; 21 U.S.C. §§ 841(a)(1), 846, and 843(b).
2
See United States v. Ridlehuber, 11 F.3d 516 (5th Cir. 1993).
3
See United States v. Crain, 33 F.3d 480 (5th Cir. 1994), cert.
denied, 115 S.Ct. 1142 (1995).
2