UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-50556
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RITO A. SANCHEZ,
Defendant-Appellant.
Appeal from the United States District Court
For the Western District of Texas
(P-95-CR-06)
June 27, 1996
Before POLITZ, Chief Judge, DUHÉ and PARKER, Circuit Judges.
PER CURIAM:*
Rito A. Sanchez appeals his jury convictions for importing and possessing with the
intent to distribute marihuana.1
*
Pursuant to Local Rule 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in Local Rule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.
1
21 U.S.C. §§ 841(a)(1), 952(a), 960(a)(1).
On Sunday, December 14, 1994, Sanchez, arriving from Mexico, drove a red and
white Ford Bronco into the port of entry at Presidio, Texas. He was accompanied by
Christine Nichols, an unrelated acquaintance. Sanchez, a resident alien, was directed to a
secondary inspection station where a sniffer dog alerted at the rear of the vehicle. Inspectors
searched further and found over 90 pounds of marihuana wrapped in heat-sealed plastic and
concealed in the gas tank.
At Sanchez’s trial Nichols testified that the night before Sanchez had gone outside and
someone had then taken the truck which was returned the next morning. Nichols further
testified that Sanchez had asked her to drive the truck into the port of entry, had asked her
to tell the inspectors that they were married, and had said to her “they found it” when the
canine alerted at the back of the Bronco. Nichols and two customs inspectors testified that
Sanchez appeared both nervous and eager to please the inspectors. Finally, after his arrest
Sanchez initially stated that the truck had been returned to him on Saturday night but
changed the time to Sunday morning after being confronted with Nichols’ contrary statement.
To sustain the conviction for importation the government must prove that the
defendant knowingly played a role in transporting the marihuana from a foreign country into
the United States.2 To convict Sanchez of possession with intent to distribute the government
had to prove that he knowingly possessed marihuana with the intent to distribute it.3 We
2
United States v. Lopez, 74 F.3d 575 (5th Cir.), cert. denied, 1996 WL 226783 (1996).
3
Id.
2
review the evidence presented in the light most favorable to the verdict to determine whether
a rational juror could have found the defendant guilty beyond a reasonable doubt of the
charged offenses.4
Sanchez claims that the government presented insufficient evidence that he knew the
marihuana was concealed in the truck.5 We are not persuaded. The testimony of Nichols
and the customs inspectors, in context of the entire uncontested scenario, adequately
demonstrate Sanchez’s guilty knowledge.6 The evidence was sufficient.
AFFIRMED.
4
United States v. Carrillo-Morales, 27 F.3d 1054 (5th Cir. 1994), cert. denied, 115 S.Ct.
1163 (1995).
5
See United States v. Anchondo-Sandoval, 910 F.2d 1234, 1236 (5th Cir. 1990) (in
hidden compartment cases “[p]ossession of or control over a vehicle does not, standing
alone, suffice to prove guilty knowledge”).
6
Id.
3