IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40109
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANGEL ALFREDO CORDOVA,
Defendant-Appellant.
Appeal from the United States District Court
For the Eastern District of Texas
USDC No. 1:99-CR-108-2
October 12, 2000
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Angel Alfredo Cordova appeals his conviction following a jury
trial for conspiracy to possess with intent to distribute
marijuana. Cordova contends that the evidence was in equipoise,
equally supporting either an inference of scienter or an inference
that Cordova was deceived by his co-defendant. Cordova does not,
on appeal, identify affirmative evidence that he was unaware of the
presence of drugs, but rather alleges that the government
introduced no evidence probative of scienter.
*
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this opinion should not be published and is not precedent except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.
An officer testified that Cordova appeared to be acting as a
decoy driver, speeding up and violating traffic laws to distract
attention away from the vehicle carrying the drugs. If credited by
the jury, this testimony would suggest that Cordova was aware that
illegal drugs were being transported. We therefore cannot say that
Cordova’s conviction works a manifest miscarriage of justice, which
is our standard of review since Cordova failed either to renew his
motion for acquittal at the close of evidence or to file a post-
verdict motion. United States v. Laury, 49 F.3d 145, 151 (5th Cir.
1995).
AFFIRMED.
2