IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 98-51061
Summary Calendar
_____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALFREDO ARROYO-GORROSTIETA,
Defendant-Appellant.
_________________________________________________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. DR-98-CR-7-1
_________________________________________________________________
August 6, 1999
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Alfredo Arroyo-Gorrostieta (“Arroyo”) appeals his conviction
following a bench trial for importation of marijuana and possession
of marijuana with intent to distribute. He contends that the
evidence was insufficient to establish that he knew of the
marijuana in a hidden compartment under the vehicle he was driving.
He argues that his nervousness alone is insufficient to establish
that he knew of the hidden marijuana. The record indicates that
there was substantial evidence that Arroyo knowingly imported and
possessed marijuana with intent to distribute, including his
inconsistent statements concerning where he was coming from, his
*
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this opinion should not be published and is not precedent except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.
lack of luggage, and his extreme nervousness. See United States v.
Ortega-Reyna, 148 F.3d 540, 544 (5th Cir. 1998); United States v.
Diaz-Carreon, 915 F.2d 951, 953 (5th Cir. 1990). Further, Arroyo’s
possession of a large amount of marijuana supports an inference of
guilty knowledge because the owner of contraband would be unlikely
to entrust it to an unwitting person. See United States v.
Martinez-Moncivais, 14 F.3d 1030, 1034-35 (5th Cir. 1994).
A F F I R M E D.
2