United States v. Arroyo-Gorrostieta

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________ No. 98-51061

Summary Calendar _____________________ UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

ALFREDO ARROYO-GORROSTIETA,

Defendant-Appellant. _________________________________________________________________ Appeal from the United States District Court for the Western District of Texas USDC No. DR-98-CR-7-1 _________________________________________________________________ August 6, 1999 Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Alfredo Arroyo-Gorrostieta (“Arroyo”) appeals his conviction following a bench trial for importation of marijuana and possession of marijuana with intent to distribute. He contends that the evidence was insufficient to establish that he knew of the marijuana in a hidden compartment under the vehicle he was driving. He argues that his nervousness alone is insufficient to establish that he knew of the hidden marijuana. The record indicates that there was substantial evidence that Arroyo knowingly imported and possessed marijuana with intent to distribute, including his inconsistent statements concerning where he was coming from, his lack of luggage, and his extreme nervousness. See United States v. Ortega-Reyna, 148 F.3d 540, 544 (5th Cir. 1998); United States v. Diaz-Carreon, 915 F.2d 951, 953 (5th Cir. 1990). Further, Arroyo’s possession of a large amount of marijuana supports an inference of guilty knowledge because the owner of contraband would be unlikely to entrust it to an unwitting person. See United States v. Martinez-Moncivais, 14 F.3d 1030, 1034-35 (5th Cir. 1994).

A F F I R M E D.