IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40157
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SOLEDAD MADRIGAL-VIRRUETA, also
known as Soledad Virrueta-Madrigal,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-96-CR-191
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December 10, 1998
Before DAVIS, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Soledad Madrigal-Virrueta appeals her conviction for
possession with intent to distribute marijuana. She contends
that the evidence was insufficient to prove that she knew that a
hidden compartment in the van contained marijuana and that,
therefore, the district court abused its discretion in denying
her motion for judgment of acquittal.
We have reviewed the record and the briefs of the parties
and hold that the district court did not plainly err in denying
*
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that this opinion should not be published and is not precedent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. 97-40157
-2-
Madrigal-Virrueta’s motion for judgment of acquittal. United
States v. McCarty, 36 F.3d 1349, 1358 (5th Cir. 1994) (plain
error standard applies when defendant fails to move for a
judgment of acquittal at the close of all the evidence); United
States v. Ortega Reyna, 148 F.3d 540, 544 (5th Cir. 1998) (noting
types of behaviors that may be circumstantial evidence of guilty
knowledge). Even if the sufficiency issue had been preserved,
the evidence was sufficient. Ortega Reyna, 148 F.3d at 543-47.
AFFIRMED.