IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-20319
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
ALBERTO MANUEL RIASCOS
Defendant - Appellant
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-80-1
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February 7, 2001
Before KING, Chief Judge, and JONES and SMITH, Circuit Judges.
PER CURIAM:*
Alberto Manuel Riascos appeals from his conviction of one
count of receipt of counterfeit U.S. currency in violation of 18
U.S.C. § 473 and one count of possession of counterfeit U.S.
currency in violation of 18 U.S.C. § 472. Riascos argues that he
lacked constructive possession of the envelopes containing the
counterfeit currency because Sonia Cockrell, to whom the
envelopes were addressed, refused to give them to him, and he
never touched them. Cockrell threw the envelopes into the back
seat of the vehicle, where one of them remained at the time of
*
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that this opinion should not be published and is not precedent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. 00-20319
-2-
the arrest. Viewing the evidence in the light most favorable to
the Government, we find that Riascos, as the driver of the
vehicle, had constructive possession of this envelope, which he
admitted was intended for him. See United States v. Fields, 72
F.3d 1200, 1212 (5th Cir. 1996); United States v. Sink, 586 F.2d
1041, 1050 (5th Cir. 1978). Under the circumstances of this
case, the evidence showed more than Riascos' control over the
vehicle alone. See United States v. Wright, 24 F.3d 732, 734
(5th Cir. 1994).
Because we find the evidence sufficient to support Riascos'
constructive possession of the counterfeit currency, the evidence
is also sufficient to support the conviction for receipt of the
currency. See United States v. Solomon, 29 F.3d 961, 963 (5th
Cir. 1994); United States v. Ransom, 515 F.2d 885, 891 (5th Cir.
1975).
AFFIRMED.