United States v. Flores

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 95-40119 Summary Calendar __________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JUAN MANUEL FLORES, TEODORA GARCIA-CANTU, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. CR-B-94-129-01 & 2 - - - - - - - - - - November 30, 1995 Before WIENER, PARKER and DENNIS, Circuit Judges. PER CURIAM:* Codefendants Juan Manuel Flores and Teodoro Garcia-Cantu, Jr., appeal their judgments of conviction for conspiracy to possess with intent to distribute in excess of five kilograms of cocaine (count one) and possession with intent to distribute approximately 5,066 grams of cocaine (count two). Flores argues that the district court abused its discretion in denying his motion for severance and that counsel was ineffective in urging * Local Rule 47.5 provides: "The publication of opinions that have no precedential value and merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that Rule, the court has determined that this opinion should not be published. No. 95-40119 -2- the motion for severance. Garcia-Cantu argues that the evidence was insufficient to prove beyond a reasonable doubt that he was predisposed to engage in drug trafficking and that the prosecutor made improper remarks during closing argument concerning the law of entrapment that deprived him of substantial rights. We have reviewed the record, including the transcripts of the trial, and find no reversible error. The judgments of the district court are AFFIRMED.