United States v. Rodriguez

               IN THE UNITED STATES COURT OF APPEALS
                       FOR THE FIFTH CIRCUIT



                             No. 98-40084
                           Summary Calendar


                      UNITED STATES OF AMERICA,

                                                  Plaintiff-Appellee,

                                versus

                         JESUS H. RODRIGUEZ,

                                                  Defendant-Appellant.


           Appeal from the United States District Court
                for the Southern District of Texas
                          (C-97-CR-206-1)


                           December 2, 1998

Before JOHNSON, HIGGINBOTHAM, and DAVIS, Circuit Judges.

PER CURIAM:*

     Jesus Rodriguez appeals his conviction for aiding and abetting the

possession with intent to distribute marijuana and possession with

intent to distribute marijuana. Rodriguez argues that the evidence is

insufficient to support the jury’s verdict.1   Specifically, Rodriguez

contends that (1) the government did not link him to marijuana found in

a truck driven by his stepson, Ernesto Garcia (“Garcia”), and (2) he did


     *
       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opinion should not be published and is not precedent except under the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
      The defendant complied with FED. R. CRIM. PRO. 29(c) to preserve
error on this point.
not knowingly possess marijuana found in a disabled truck in his yard.

     In reviewing a claim of legal insufficiency, this Court must

determine whether “a rational trier of fact could have found that the

evidence establishes the essential elements of the offense beyond a

reasonable doubt.” United States v. El-Zoubi, 993 F.2d 442, 445 (5th

Cir. 1993) (citations omitted). The evidence will be considered in the

light most favorable to the government. See Glasser v. United States,

315 U.S. 60, 80 (1942); United States v. Bermea, 30 F.3d 1539, 1551

(5th Cir. 1994).

     In this case, we find that the evidence was sufficient to support

a reasonable juror’s finding of guilt beyond a reasonable doubt on all

of the essential elements of the charged offenses. A rational trier of

fact could have found Rodriguez guilty of aiding and abetting the

possession with the intent to distribute marijuana because he provided

the vehicle and accompanied Garcia on the marijuana transportation trip.

See United States v. Jaramillo, 42 F.3d 920, 923 (5th Cir. 1995).

Further, the evidence was sufficient to support the verdict on the

charge of possession with intent to distribute because a reasonable jury

could have found that Rodriguez owned the property from which the

marijuana was confiscated. Based on his ownership of the property,

Rodriguez may be deemed to have possessed the marijuana. See United

States v. Brito, 136 F.3d 397, 411 (5th Cir.), cert. denied, 118 S.Ct.

1817 (1998);   United States v. Jones, 133 F.3d 358, 362 (5th Cir.),

cert. denied, 118 S.Ct. 1854 (1998).      Intent to distribute can be



                                   2
inferred from the large amounts of marijuana found in the trucks. See

Brito, 136 F.3d at 411; United States v. Williams-Hentricks, 805 F.2d

496, 502 (5th Cir. 1986).

     AFFIRMED.




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