United States v. Sepulveda-Barrera

                             No. 96-40096
                                  -1-

               IN THE UNITED STATES COURT OF APPEALS
                       FOR THE FIFTH CIRCUIT



                            No. 96-40096
                          Summary Calendar



UNITED STATES OF AMERICA,

                                     Plaintiff-Appellee,

versus

JOEL SEPULVEDA-BARRERA,

                                     Defendant-Appellant.


                        - - - - - - - - - -
           Appeal from the United States District Court
                for the Southern District of Texas
                      USDC No. L-95-CR-117-1
                        - - - - - - - - - -

                            April 16, 1999

Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.

PER CURIAM:*

     Joel Sepulveda-Barrera appeals his conviction for conspiracy

to possess with intent to distribute marijuana; possession with

intent to distribute marijuana; and distribution of marijuana, in

violation of 18 U.S.C. § 2; 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C),

and 846.

     Sepulveda argues that the evidence was insufficient to support

his conviction.   We have reviewed the record and the briefs of the

parties and hold that the evidence was sufficient for a reasonable

     *
        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that this opinion should not be published and is not precedent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. 96-40096
                                 -2-

jury to find Sepulveda guilty of the offenses beyond a reasonable

doubt.   See United States v. Restrepo, 994 F.2d 173, 182 (5th Cir.

1993).   We also reject Sepulveda’s prosecutorial-misconduct claim.

See Faulder v. Johnson, 81 F.3d 515, 519 (5th Cir. 1996); United

States v. Rodriguez, 43 F.3d 117, 124 (5th Cir. 1995).

     AFFIRMED.