United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS July 11, 2003
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
Clerk
No. 02-51188
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOAQUIN MONCADA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-02-CR-791-ALL-DB
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Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Joaquin Moncada was convicted by a jury for possession
and importation with intent to distribute over 50 kilograms of
marijuana in violation of 21 U.S.C. §§ 841, 952, & 960. Moncada
argues on appeal that the evidence was insufficient to establish
that he knew the marijuana was in the vehicle that he was
attempting to drive across the border.
Because Moncada filed a motion for acquittal pursuant to FED.
*
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this opinion should not be published and is not precedent except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.
R. CRIM. P. 29(c), at the close of the Government’s case and at the
close of all the evidence, the standard of review for Moncada’s
challenge to the sufficiency of the evidence is whether any
reasonable trier of fact could have found that the evidence
established the essential elements of the offense beyond a
reasonable doubt. See United States v. Ortega Reyna, 148 F.3d 540,
543 (5th Cir. 1998). All credibility determinations and reasonable
inferences are to be resolved in favor of the verdict. United
States v. Resio-Trejo, 45 F.3d 907, 911 (5th Cir. 1995). This
court does not re-weigh the evidence or assess the credibility of
the witnesses. United States v. Lopez, 74 F.3d 575, 577 (5th Cir.
1996).
The testimony that was introduced at trial was sufficient for
the jury to find Moncada guilty of the offense beyond a reasonable
doubt. See Ortega Reyna, 148 F.3d at 543. Accordingly, the
judgment of the district court is AFFIRMED.
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