United States v. Simmons

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-41016 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus EUGENE SIMMONS, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:97-CR-5-ALL - - - - - - - - - - February 12, 1998 Before WIENER, BARKSDALE and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* Eugene Simmons appeals his conviction for use of intimidation or force against a witness in violation of 18 U.S.C. § 1512(b). When the direct and circumstantial evidence is viewed in the light most favorable to the jury’s verdict, a rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt; the evidence is thus sufficient to support conviction. United States v. Resio-Trejo, 45 F.3d 907, 910 (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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. -2- AFFIRMED.