IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-50279
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee,
versus
REFUGIO DEL REAL
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. P-97-CR-154-1
April 12, 1999
Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.
PER CURIAM:*
Refugio Del Real appeals his conviction for possession of
marijuana with intent to distribute. Del Real maintains that there
was insufficient evidence to support his conviction. Because Del
Real did not move for judgment of acquittal, this court’s review of
the sufficiency of the evidence is limited to determining whether
there was a manifest miscarriage of justice. See United States v.
Johnson, 87 F.3d 133, 136 (5th Cir. 1996). A manifest miscarriage
of justice is present “if the record is devoid of evidence pointing
*
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this opinion should not be published and is not precedent except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.
to guilt.” United States v. Singer, 970 F.2d 1414, 1418 (5th Cir.
1992). “As with any verdict, we must consider the evidence, and
all reasonable inferences that may be drawn from that evidence, in
the light most favorable to the government.” Johnson, 87 F.3d at
136.
Our careful review of the record revealed several pieces of
evidence pointing to Del Real’s guilt. This evidence includes:
Del Real’s suspicious story for how the drugs came to be in the
trunk of the car; evidence that he was attempting to impersonate a
law enforcement officer when he crossed the border; Del Real’s
inconsistent statement about whether the vehicle belonged to him;
and Del Real’s nervous behavior at the border crossing. This
evidence demonstrates that there was no manifest miscarriage of
justice in this case, so we AFFIRM.
2