United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS April 5, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-10137
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BOOKER T. MUHAMMAD,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:02-CR-83-1-Y
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Before SMITH, DUHÉ, and WIENER, Circuit Judges.
PER CURIAM:1
Following a jury trial, Booker T. Muhammad was convicted
of possession with intent to distribute marijuana in violation
of 21 U.S.C. §§ 841(a)(1), (b)(1)(B)(vii). The district court
sentenced Muhammad to 78 months of imprisonment and a four-year
term of supervised release. Muhammad appeals his conviction.
Muhammad first argues that the evidence was insufficient
to prove the scienter element of the offense of conviction.
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that this opinion should not be published and is not precedent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.
Muhammad’s sole custody of a large quantity of drugs, his
implausible story that he was driving a small load of produce from
El Paso to Detroit but did not know to whom he was to deliver the
produce, and his falsified logbook provide sufficient evidence to
uphold the jury’s conclusion that Muhammad knew of the marijuana
concealed in the trailer being pulled by the truck he was driving.
See United States v. Carreon-Palacio, 267 F.3d 381, 389 (5th Cir.
2001); United States v. Garcia-Flores, 246 F.3d 451, 454-55 (5th
Cir. 2001); United States v. Diaz-Carreon, 915 F.2d 951, 954 (5th
Cir. 1990).
Muhammad also argues that the district court erred in
admitting motel and store receipts into evidence. Counter to
Muhammad’s assertion, those evidentiary items were not the
sole evidence showing that Muhammad had falsified his logbook.
Thus, any such error was harmless. See United States v. Mendoza-
Medina, 346 F.3d 121, 127 (5th Cir. 2003), cert. denied,
124 S. Ct. 1161 (2004).
AFFIRMED.
2