United States v. Naranjo

U.S. Court of Appeals for the Fifth Circuit

United States v. Naranjo

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _______________

m 98-41145 Summary Calendar _______________

UNITED STATES OF AMERICA, Plaintiff-Appellee, VERSUS

PEDRO NARANJO, Defendant-Appellant. _________________________

Appeal from the United States District Court for the Southern District of Texas _________________________

January 18, 2000

Before SMITH, BARKSDALE, and reasonable doubt on all elements of the PARKER, Circuit Judges. charged offenses. See United States v. Resio- Trejo,

45 F.3d 907, 910-13

(5th Cir. 1995); PER CURIAM:* United States v. Casilla,

20 F.3d 600, 602-07

(5th Cir. 1994); United States v. Garza, 990 Pedro Naranjo appeals his conviction of F.2d 171, 173-76 (5th Cir. 1993). The conspiracy to possess with intent to distribute modified Allen charge did not place undue a quantity exceeding 1,000 kilograms of pressure on the jury, and the court did not marihuana and possession with intent to abuse its discretion in giving it. See United distribute a quantity exceeding 1,000 States v. Winters,

105 F.3d 200

, 203-04 (5th kilograms of marihuana in violation of 18 Cir. 1997); United States v. Nguyen, 28 F.3d U.S.C. § 2 and

21 U.S.C. §§ 841

(a)(1), 477, 484 (5th Cir. 1994). Because the record 841(b)(1)(a), and 846. He argues that the as to Naranjo’s claim of ineffective assistance evidence is insufficient to support his of counsel is inadequately developed, we conviction, that the court erred in giving a decline to consider it, but without prejudice to modified Allen charge, and that he received his right to assert it in a collateral proceeding. ineffective assistance of counsel. See United States v. Scott,

159 F.3d 916

, 924- 25 (5th Cir. 1998); United States v. Bounds, Viewed in the light most favorable to the

943 F.2d 541, 544

(5th Cir. 1991). verdict, the evidence is sufficient to support a rational juror’s finding of guilt beyond a AFFIRMED.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

Reference

Status
Unpublished