IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40448
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DARIO TREVINO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-95-CR-171-S2-01
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March 10, 1998
Before DUHÉ, DeMOSS and DENNIS, Circuit Judges.
PER CURIAM:*
Dario Trevino was found guilty by a jury of conspiracy to
possess with intent to distribute 12 kilograms of cocaine in
violation of 21 U.S.C. § 846. Trevino asserts that there was
insufficient evidence to support his conviction. Trevino’s entire
argument is that his presence at the crime scene was not sufficient
to support his conviction for conspiracy.
To prove the drug conspiracy charge, the Government was
required to establish beyond a reasonable doubt (1) that a
*
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that this opinion should not be published and is not precedent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. 96-40448
-2-
conspiracy existed, i.e., that two or more people agreed to violate
the narcotics laws; (2) that the defendant knew of the conspiracy,
and (3) that the defendant voluntarily participated in the
conspiracy. United States v. Cardenas, 9 F.3d 1139, 1157 (5th Cir.
1993). Contrary to Trevino’s argument, the Government presented
more than the undisputed evidence that Trevino was at the crime
scene; it also presented the testimony of co-conspirator Gonzalez
that Trevino was part of the conspiracy.
Although Trevino challenges Gonzalez’s credibility, the
evidence presented at trial, including all reasonable inferences
and credibility choices, must be viewed in the light most favorable
to the verdict. See United States v. Alix, 86 F.3d 429, 435 (5th
Cir. 1996); United States v. Ivy, 973 F.2d 1184, 1188 (5th Cir.
1992). Gonzalez’s testimony as to Trevino’s involvement in the
drug conspiracy does not conflict with Trevino’s admitted presence
at the scenes where the conspiracy was accomplished. Gonzalez’s
testimony is sufficient to prove that Trevino voluntarily entered
into the drug conspiracy. See United States v. Casilla, 20 F.3d
600, 603 (5th Cir. 1994).
AFFIRMED.