United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 13, 2006
Charles R. Fulbruge III
Clerk
No. 05-60305
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BEN LANE,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 2:04-CR-11-1
--------------------
Before SMITH, GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Ben Lane appeals his conviction following a jury trial for
conspiracy to obstruct interstate commerce; aiding and abetting
in the obstruction of interstate commerce; and possession of a
firearm in relation to a crime of violence. First, he asserts
that the district court erred in denying his motion for a
judgment of acquittal. We reject this assertion, as Lane has
failed to show that a reasonable jury could not have found him
guilty beyond a reasonable doubt. See United States v. Sanchez,
961 F.2d 1169, 1173 (5th Cir. 1992). We find unpersuasive his
*
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this opinion should not be published and is not precedent except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. 05-60305
-2-
arguments that (1) a firearm discovered by police did not link
him to the crime and that (2) certain witnesses were not
credible. See id.
Likewise, we reject Lane’s assertion that the district court
erred in enhancing his sentence based upon facts that were not
determined by the jury. See United States v. Mares, 402 F.3d
511, 519 (5th Cir.), cert. denied, 126 S. Ct. 43 (2005).
Accordingly, the judgment of the district court is AFFIRMED.