United States v. Carson

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________ No. 97-40121 Summary Calendar _____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JEANNE CARSON, Defendant-Appellant. _________________________________________________________________ Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:96-CR-31-2 _________________________________________________________________ September 17, 1997 Before JOLLY, BENAVIDES, and PARKER, Circuit Judges. PER CURIAM:* Jeanne Carson was convicted of conspiracy to defraud the United States by filing false claims for federal income tax refunds and aiding and abetting. 18 U.S.C. §§ 2, 286, 287. She appeals, arguing that there was insufficient evidence to support her conviction. Because Carson failed to move for a judgment of * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. acquittal at the close of the evidence with respect to the courts that she was ultimately convicted on, review is limited to whether there was a manifest miscarriage of justice. United States v. McCarty, 36 F.3d 1349, 1358 (5th Cir. 1994). We have reviewed the record and it is not “devoid of evidence pointing to guilt” or “so tenuous that a conviction would be shocking.” Id. A F F I R M E D. -2-