IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-50847
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GERARDO LOPEZ-LUEBANO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-95-CR-229-ALL
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May 29, 1996
Before GARWOOD, WIENER and PARKER, Circuit Judges.
PER CURIAM:*
Gerardo Lopez-Luebano appeals his jury convictions for
possession with intent to distribute marijuana and the
importation of marijuana. He contends that the evidence was
insufficient to prove that he knew that there was marijuana
hidden in the tires of the truck that he was driving. We have
reviewed the record and the briefs of the parties and hold that
the evidence was sufficient for a reasonable jury to find Lopez-
Luebano guilty beyond a reasonable doubt. United States v. Diaz-
*
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this opinion should not be published and is not precedent except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.
No. 95-50847
- 2 -
Carreon, 915 F.2d 951, 953 (5th Cir. 1990) (possession with
intent to distribute narcotics); United States v. Ojebode, 957
F.2d 1218, 1223 (5th Cir. 1992), cert. denied, 113 S. Ct. 1291
(1993) (importation of narcotics).
Lopez-Luebano also contends that the district court abused
its discretion when it refused to instruct the jury that his
nervousness alone was insufficient to support a finding of guilty
knowledge. The requested instruction did not concern an
important point in the trial such that its omission seriously
impaired the appellant's ability to present a given defense
effectively. United States v. Chaney, 964 F.2d 437, 444 (5th
Cir. 1992).
AFFIRMED.