IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-50596
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CESAR PORRAS-AVILA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-98-CR-85-ALL-H
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January 13 ,1999
Before KING, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Cesar Porras-Avila (Porras) appeals his conviction for
importing marijuana. Porras argues that the district court abused
its discretion by refusing to give his requested jury instruction,
which defined the term “knowing possession.” Inasmuch as the
district court admonished the jury on contructive possession, and
the word “knowingly” is used in its common meaning in the
importation statute and, therefore, does not require further
instructions, it was not an abuse of discretion to refuse to
include a definition of knowing possession in the jury
*
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that this opinion should not be published and is not precedent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. 98-50596
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instructions. See United States v. Pennington, 20 F.3d 593, 598
(5th Cir. 1994); see also United States v. Ojebode, 957 F.2d 1218,
1223 (5th Cir. 1992).
The judgment of the district court is AFFIRMED.