IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-50470
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FRANCISCO JAVIER ESTRADA, also known as Paco,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-01-CR-1737-1-DB
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March 14, 2003
Before REAVLEY, BARKSDALE and CLEMENT, Circuit Judges.
PER CURIAM:*
Francisco Javier Estrada appeals his bench-trial conviction
for conspiracy to import 1,000 kilograms or more of marijuana
into the United States from Mexico. See 21 U.S.C. §
960(b)(1)(G). Estrada argues that the evidence was insufficient
to support his conviction because there was no evidence to
support a finding that he conspired to import any more than the
332.37 kilograms of marijuana seized from the various couriers
*
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that this opinion should not be published and is not precedent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. 02-50470
-2-
involved in the conspiracy. The standard for evaluating the
sufficiency of the evidence is "whether any reasonable trier of
fact could have found that the evidence established the essential
elements of the crime beyond a reasonable doubt." United States
v. Ortega Reyna, 148 F.3d 540, 543 (5th Cir. 1998) (footnotes and
citations omitted). The court "consider[s] the evidence in the
light most favorable to the government, drawing 'all reasonable
inferences and credibility choices made in support of the
verdict.'" Id. (citation omitted).
The district court found that Estrada conspired to import
39 loads of marijuana weighing 1700 kilograms. This amount was
derived from loads of marijuana seized from seven couriers and
an amount of marijuana inferred from the additional 32 loads that
five of the couriers admitted making. Estrada’s stipulations and
the testimony of the couriers regarding the specific number of
loads carried and the specific amounts paid for those loads, when
viewed in the light most favorable to the verdict, is sufficient
to prove beyond a reasonable doubt that Estrada participated in a
conspiracy to import more than 1000 kilograms of marijuana into
the United States.
AFFIRMED.