United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS December 17, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-50026
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAIME SILVA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-02-CR-377-1-PRM
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Before DUHÉ, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:1
Jaime Silva appeals his convictions for aiding and abetting an
attempt to tamper with a federal witness by killing that witness
and for conspiracy to tamper with a federal witness by killing that
witness. He argues that there was insufficient evidence in the
aiding and abetting conviction to prove that Silva shared in the
criminal intent of principal Marco Blancas and that Silva took a
substantial step toward accomplishing the criminal venture
(although aiding and abetting requires Silva merely to have acted
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that this opinion should not be published and is not precedent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.
No.
-2-
in some affirmative manner designed to aid the venture), and that
there was insufficient evidence in the conspiracy conviction to
prove that Silva knowingly entered into the conspiracy.
Viewing the evidence in a light most favorable to the jury's
verdict, there is sufficient evidence to support both convictions.
See United States v. Martinez, 975 F.2d 159, 160-61 (5th Cir.
1992); United States v. Stewart, 145 F.3d 273, 277 (5th Cir. 1998);
United States v. Peterson, 244 F.3d 385, 389 (5th Cir.), cert.
denied sub nom. O’Keefe v. U.S., 534 U.S. 857 (2001), and Clark v.
U.S., 534 U.S. 861 (2001); United States v. Garcia, 995 F.2d 556,
561 (5th Cir. 1993). The judgment of the district court is
AFFIRMED.
2