No. 99-40276
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-40276
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RIGOBERTO VILLEGAS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-98-CR-330-3
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March 1, 2000
Before SMITH, BARKSDALE, and PARKER, Circuit Judges.
PER CURIAM:*
Rigoberto Villegas appeals from his convictions of
conspiring to possess with intent to distribute marijuana and
possessing with intent to distribute marijuana. Villegas
contends that the evidence was insufficient to support his
convictions.
The jury could have found beyond a reasonable doubt from the
evidence at trial that there was an agreement to take marijuana
from Texas to Florida; that Villegas knew about the agreement;
and that Villegas voluntarily participated in the agreement. The
*
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that this opinion should not be published and is not precedent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. 99-40276
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evidence therefore was sufficient to support Villegas’s
conspiracy conviction. United States v. Ayala, 887 F.2d 62, 67
(5th Cir. 1989). The jury also could have found beyond a
reasonable doubt that Villegas knowingly had constructive
possession of the marijuana and that he intended to distribute
it. United States v. Cardenas, 9 F.3d 1139, 1158 (5th Cir.
1993).
AFFIRMED.