IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-50701
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ELIZABETH DOZAL,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-01-CR-131-ALL-DB
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February 6, 2002
Before DUHE’, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:1
Defendant-Appellant Elizabeth Dozal appeals her jury
conviction for possession with intent to distribute marijuana and
importation of marijuana, in violation of 21 U.S.C. §§ 841(a)(1),
952(a), 960(a)(1). Dozal argues that the evidence presented at
trial was insufficient to support the jury’s finding that she
knowingly possessed and imported the marijuana concealed in the
tires of the truck that she was driving.
“The knowledge element for possession or importation of drugs
can rarely be proven by direct evidence.” United States v. Lopez,
1
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that this opinion should not be published and is not precedent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.
74 F.3d 575, 577 (5th Cir. 1996). “Knowledge of the presence of
contraband may ordinarily be inferred from the exercise of control
over the vehicle in which it is concealed.” United States v.
Garcia, 917 F.2d 1370, 1376-77 (5th Cir. 1990). However, when the
drugs are contained in a hidden compartment, this court requires
“additional evidence indicating knowledge--circumstances evidencing
a consciousness of guilt on the part of the defendant.” United
States v. Diaz-Carreon, 915 F.2d 951, 954 (5th Cir. 1990).
Circumstances such as nervousness, conflicting statements to
inspection officials, and an implausible story may adequately
establish consciousness of guilt. Id.
Dozal’s inconsistent statements at the time of the offense,
her nervousness at the time of the customs inspection, and the
testimony of the passengers of the truck support the inference of
guilt. Id. The evidence established guilt beyond a reasonable
doubt. See United States v. Charroux, 3 F.3d 827, 830-31 (5th Cir.
1993).
AFFIRMED.
2