IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-50105 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

FELIPE MAYNEZ-ESPARZA,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. EP-96-CR-483 - - - - - - - - - - November 24, 1997 Before DUHE’, DeMOSS and DENNIS, Circuit Judges.

PER CURIAM:*

Felipe Maynez-Esparza (“Maynez”) appeals his conviction for

possession with intent to distribute marijuana and importation of

marijuana in violation of

(a)(1), 952(a) and

960(a)(1).

Maynez argues that the evidence presented at trial was

insufficient to support the jury’s finding that he knowingly

possessed and imported marijuana. We have reviewed the briefs

and the record, and conclude that the record is sufficient to

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 97-50105 -2-

support the jury’s finding that Maynez knowingly imported and

possessed marijuana with intent to distribute. See United States

v. Diaz-Carreon,

(5th Cir. 1990)

Maynez also argues that the district court erred in giving

the jury a deliberate ignorance instruction. Based on Maynez’s

defense of a lack of guilty knowledge and the evidence adduced at

trial, the district court did not err in its instruction. See

United States v. McKinney,

(5th Cir. 1995).

AFFIRMED.