United States v. Valenzuela-Reyna

U.S. Court of Appeals for the Fifth Circuit

United States v. Valenzuela-Reyna

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 99-50192 Summary Calendar __________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ADELITA VALENZUELA-REYNA,

Defendant-Appellant. ______________________________________________

Appeal from the United States District Court for the Western District of Texas (P-98-CR-82-ALL-F) ______________________________________________

November 23, 1999

Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Defendant-Appellant Adelita Valenzuela-Reyna (Reyna) appeals

her jury conviction for possession with intent to distribute

marijuana.

21 U.S.C. § 841

(a)(1). Reyna argues that the district

court erred in giving the jury a “deliberate ignorance”

instruction. We have reviewed the briefs and record and, based

upon Reyna’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,

53 F.3d 664, 676

(5th

Cir. 1995); United States v. Lara-Velasquez,

919 F.2d 946

(5th Cir.

1990).

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Reyna also argues that the evidence presented at trial was

insufficient to support the jury’s finding that she knowingly

possessed marijuana. The evidence contained in the record is

sufficient to support the jury’s finding that Reyna knowingly

possessed marijuana with intent to distribute. See United States

v. Diaz-Carreon,

915 F.2d 951, 953

(5th Cir. 1990).

AFFIRMED.

2

Reference

Status
Unpublished