United States v. Cabello

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-50839, 97-50954 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus AUDEN BERNAL CABELLO, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. P-97-CR-73-3 - - - - - - - - - - September 17, 1998 Before JOLLY, SMITH, and WIENER, Circuit Judges. PER CURIAM:* Auden Bernal Cabello appeals his conviction for possession with intent to distribute marijuana and the revocation of his supervised release based on his commission of that offense. He argues that the evidence was insufficient because there was no evidence linking him with the marijuana in the white Chevrolet truck. The record was not devoid of evidence of Cabello’s knowledge and his actions in aiding and abetting the offense 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 97-50839, 97-50954 -2- possession with intent to distribute marijuana in conformity with the lead-car-load-car modus operandi. United States v. Pierre, 958 F.2d 1304, 1310 (5th Cir. 1992) (en banc); United States v. Villareal, 565 F.2d 932, 938 (5th Cir. 1978); United States v. Jaramillo, 42 F.3d 920, 923 (5th Cir. 1995). The district court did not abuse its discretion in revoking Cabello’s supervised release. United States v. McCormick, 54 F.3d 214, 219 (5th Cir. 1995). AFFIRMED.