UNITED STATES COURT OF APPEALS
Filed 8/21/96
TENTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
No. 95-2108
v.
(D.C. No. CR-94-395)
(District of New Mexico)
JESUS PASQUALE,
Defendant - Appellant.
ORDER AND JUDGMENT*
Before TACHA, Circuit Judge, REAVLEY,** Senior Circuit Judge, and LUCERO,
Circuit Judge.
Convicted of possession with intent to distribute more than five kilograms of
cocaine and conspiracy, see 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), 846, Jesus Pasquale
argues that insufficient evidence supports his conviction. We disagree and affirm.
*
This order and judgment is not binding precedent, except under the doctrines of
law of the case, res judicata, and collateral estoppel. This court generally disfavors the
citation of orders and judgments; nevertheless, an order and judgment may be cited under
the terms and conditions of 10th Cir. R. 36.3.
**
Honorable Thomas M. Reavley, Senior Circuit Judge of the United States Court
of Appeals for the Fifth Circuit, sitting by designation.
Reviewing a claim that a criminal conviction is not supported by sufficient
evidence, we “determine whether any rational trier of fact could have found the essential
elements of the crime beyond a reasonable doubt.” United States v. McKneely, 69 F.3d
1067, 1072 (10th Cir. 1995). We view the evidence in the light most favorable to the
government and “accept the jury’s resolution of conflicting evidence and assessment of
witness credibility.” Id.
Pasquale argues that there was no evidence that he ever possessed the cocaine at
issue here. He further argues that the testimony of his co-conspirator, Glembotski, was
insufficient to prove Pasquale’s involvement in the crime. Pasquale appears to concede
that Glembotski’s testimony, if credited, establishes his guilt, and asks us to find that his
testimony lacked credibility. This we cannot do. The assessment of witness credibility is
a jury function. Id. In any event, we have reviewed the record and conclude that the
government presented sufficient evidence for a rational jury to find, beyond a reasonable
doubt, that Pasquale and Glembotski possessed and conspired to transport ten kilograms
of cocaine from California to New York for distribution.
AFFIRMED.
ENTERED FOR THE COURT
Carlos F. Lucero
Circuit Judge
-2-