UNITED STATES COURT OF APPEALS
for the Fifth Circuit
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No. 95-10764
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
VERSUS
JAMES RUTH GOFF, a/k/a CORNBREAD,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
(3:94-CV-008-D)
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May 30, 1996
Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.
PER CURIAM:*
James Ruth Goff appeals the district court’s denial of his
28 U.S.C. § 2255 motion. We affirm.
Goff challenges the sufficiency of his conviction under 18
U.S.C. § 1852, argues that the district court erred in admitting
photographs depicting Goff and a co-conspirator standing with
their hands bound next to a plane filled with marijuana, and
asserts that his counsel’s failure to raise these issues on
direct appeal constituted ineffective assistance.
The magistrate found that the evidence supported Goff’s
*
Pursuant to Local Rule 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.
conviction under 18 U.S.C. § 1952, that the trial court’s
decision to admit the photographs was supported by the record and
that Goff’s counsel rendered effective assistance. The district
court made an independent review of the record and then adopted
the magistrate’s recommendation in full.
Goff’s conviction under 18 U.S.C. § 1852 should be upheld if
“any rational trier of fact could have found the essential
elements of the crime beyond a reasonable doubt." Jackson v.
Virginia, 443 U.S. 307, 319 (1979). The elements of § 1952 are
(1) travel in interstate or foreign commerce, (2)
specific intent to promote, manage, establish, carry on
. . . unlawful activity and (3) knowing and willful
commission of an act in furtherance of that intent
after the act of travel.
United States v. Abadie, 879 F.2d 1260, 1266 (5th Cir. 1989). A
rational jury could have found, based on uncontradicted testimony
in the record, that Goff went to Missouri in order to remove a
bug from the airplane. The jury could have found that these
actions were taken in order to promote and facilitate the
unlawful activity of marijuana smuggling and that Goff used the
airplane to smuggle marijuana after the trip to Missouri.
The trial court’s decision to admit photographs of Goff next
to a co-conspirator and a plane full of marijuana was supported
by the record and the court’s detailed statement of its reasons
for admitting the evidence. The evidence was admitted to show
that Goff was involved in marijuana smuggling and to counter
challenges made by Goff to government evidence. It countered
assertions by Goff that the type of airplane involved could not
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fly to South America and return with a load of marijuana, that he
had a discrete role in the conspiracy and was not a full
participant, and that the plane could not use fuel bladders to
store agricultural spray. The photos were also used to
contradict other defendants’ evidence concerning navigational
equipment in the plane and to show that certain other defendants
were involved in the conspiracy. We agree with the magistrate
and the district court that the trial court properly admitted the
challenged photographs.
In order to prevail on his ineffective assistance of counsel
claims, Goff must show that his counsel was both deficient and
that the deficiency was prejudicial to him. See Strickland v.
Washington, 466 U.S. 668, 687 (1984). The admission of the
photographs was not error and the record supports Goff’s
conviction under 18 U.S.C. § 1952 so Goff cannot show prejudice
from his counsel’s failure (or choice not) to raise these issues
on direct appeal. Goff has failed to show that his counsel was
deficient or that, but for the deficiency, there is a reasonable
probability that the outcome of the case would have been
different. Id at 694.
For these reasons the district court’s denial of Goff’s
§2255 petition is AFFIRMED.
AFFIRMED.
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