IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-10392
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARCEL EZE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:97-CR-290-ALL-X
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February 22, 1999
Before JOLLY, SMITH, and WIENER, Circuit Judges.
PER CURIAM:*
Marcel Aghajiuba Eze challenges his conviction of possession
with intent to distribute heroin in violation of 21 U.S.C.
§ 841(a)(1) & (b)(1)(B). He asserts that the district court
erred in giving the jury an instruction on deliberate ignorance
and by admitting over objection evidence of other packages he had
received from Thailand.
The district court did not err by instructing the jury on
deliberate ignorance. Sufficient evidence existed to support the
conclusion that Eze was subjectively aware that he was involved
*
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that this opinion should not be published and is not precedent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. 98-10392
-2-
in an ongoing scheme to smuggle drugs into the United States.
See United States v. Scott, 159 F.3d 916, 922 (5th Cir. 1998);
United States v. Posada-Rios, 158 F.3d 832, 875 (5th Cir. 1998).
Furthermore, the evidence of the other packages Eze had received
from Thailand was relevant to the charge of deliberate ignorance.
The district court thus did not abuse its discretion in admitting
it. See United States v. Torres, 114 F.3d 520, 526 (5th Cir.),
cert. denied, 118 S. Ct. 316 (1997); United States v. Beechum,
582 F.2d 898 (5th Cir. 1978) (en banc).
AFFIRMED.