No. 97-41240 -1-

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-41240 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

VERSUS

BENITO GONZALEZ,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. C-97-CR-125-3 -------------------- January 27, 2000

Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.

PER CURIAM:*

Benito Gonzalez appeals his conviction for conspiracy to

possess with intent to distribute marijuana. Gonzalez argues that

the evidence was insufficient to convict him. When the evidence,

both direct and circumstantial, is viewed in the light most

favorable to the jury’s verdict, the evidence was sufficient to

convict Gonzalez of each and every element of conspiracy to traffic

in narcotics. See United States v. Misher,

(5th

Cir. 1996); United States v. Dean,

(5th Cir.

1995); United States v. Resio-Trejo,

(5th Cir.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 97-41240 -2-

1995).

AFFIRMED.