United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT July 11, 2007
Charles R. Fulbruge III
No. 06-50625 Clerk
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARLOW SZODOC SMITH,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
No. 7:05-CR-201-ALL
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Before DAVIS, SMITH, and OWEN, Circuit Judges.
PER CURIAM:*
Marlow Smith argues that the evidence is insufficient to sup-
port his conviction of misdemeanor possession of cocaine base.
Smith argues that the evidence merely shows that he was present at
a known crack house when authorities executed a search warrant and
that it fails to establish that he actually or constructively pos-
*
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opinion should not be published and is not precedent except under the limited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. 06-50625
-2-
sessed cocaine base found in the house. Our review of the evi-
dence shows that a rational juror could have concluded that Smith
constructively possessed cocaine base by exercising control over
rocks of cocaine base found during the execution of the search war-
rant. United States v. Ornelas-Rodriguez, 12 F.3d 1339, 1346 (5th
Cir. 1994); United States v. Jaramillo, 42 F.3d 920, 923 (5th Cir.
1995). We will not disturb that determination. United States v.
Runyan, 290 F.3d 223, 240 (5th Cir. 2002).
AFFIRMED.