UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT
_________________
No. 97-41049
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MARC CORTINAS,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of Texas
(C-97-CR-65-1)
September 3, 1998
Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Marc Cortinas appeals from his conviction for using and
carrying a firearm in relation to a crime of violence in violation
of 18 U.S.C. § 924(c). He argues that his conviction should be
overturned because it is unclear whether the conviction was based
upon a misdemeanor or a felony as the predicate offense. Cortinas
does not dispute that the jury found him guilty of two counts 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that this opinion should not be published and is not precedent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.
the felony offense of assault with intent to commit murder. We
have reviewed the record and find no reversible error. See United
States v. Munoz-Fabela, 896 F.2d 908, 911 (5th Cir. 1990) (evidence
of predicate offense sufficient because reasonable jury could have
been convinced beyond a reasonable doubt that the defendant
committed underlying offense); see also United States v. Ramos-
Rodriguez, 136 F.3d 465, 467 (5th Cir. 1998) (defendant may still
be convicted of § 924(c) offense even if acquitted of the predicate
offense if there is ample evidence showing that a reasonable jury
could have found defendant guilty of underlying offense).
Accordingly, the judgment of the district court is AFFIRMED.
AFFIRMED.
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