UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-40132
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
VERSUS
ELIAS ELIZONDO,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-97-CR-153-2
October 9, 1998
Before DAVIS, DUHÉ and PARKER, Circuit Judges.
PER CURIAM:*
Elias Elizondo appeals his convictions for conspiracy to
possess with intent to distribute more than five kilograms of
cocaine and aiding and abetting the possession with intent to
distribute 110 kilograms of cocaine. He argues that the evidence
is insufficient to support his conviction. Because Elizondo failed
to renew his motion for a judgment of acquittal at the close of the
Government’s evidence, review is limited to whether his convictions
resulted in a manifest miscarriage of justice. See United States
v. Inocencio, 40 F.3d 716, 724 (5th Cir. 1994).
*
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this opinion should not be published and is not precedent except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.
1
Even if Elizondo had preserved the issue of sufficiency of the
evidence by renewing his motion for judgment of acquittal at the
close of the government’s evidence, he would not prevail on the
merits. Our review of the record reveals that the conviction is
supported by sufficient evidence.
AFFIRMED.
2