United States v. Hernandez-Silva

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-50437 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ENRIQUE HERNANDEZ-SILVA, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. P-96-CR-90-1 - - - - - - - - - - February 26, 1998 Before KING, HIGGINBOTHAM and DAVIS, Circuit Judges. PER CURIAM:* Enrique Hernandez-Silva appeals his jury conviction for possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841. Hernandez-Silva argues that the evidence presented by the Government was insufficient to support his conviction. He maintains that the Government did not present sufficient evidence that he knew that the vehicle he was driving contained marijuana in hidden compartments. We have reviewed the record and find that Hernandez-Silva has not shown that “the * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 97-50437 -2- record is devoid of evidence pointing to guilt, or . . . the evidence on a key element of the offense [is] so tenuous that a conviction would be shocking.” See United States v. Pierre, 958 F.2d 1304, 1310 (5th Cir. 1992)(en banc). AFFIRMED.