United States v. Torres
United States v. Torres
Opinion
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 99-41215 Summary Calendar _____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PATRICIA TORRES,
Defendant-Appellant. _________________________________________________________________
Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:99-CR-44-2 _________________________________________________________________
November 20, 2000
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Patricia Torres appeals from her conviction for her role in a
fraudulent cash checking scheme. Torres argues that there was
insufficient evidence to support the jury’s finding of guilt
because there was no eyewitness or fingerprint evidence linking her
directly to the offense. She also argues that the jury
impermissibly convicted based on her association with family
members who were convicted in the cash checking scheme.
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. The jury rationally could have found that the evidence
presented at trial established that Torres was involved in the cash
checking scheme. See United States v. Hickman,
151 F.3d 446, 454(5th Cir. 1998). The jury examined fraudulent alien registration
cards that were used as identification to cash stolen United States
Treasury checks. The jury could have concluded from other
photographic evidence and its in-person observations that the
person depicted on two of the fraudulent registration cards was
Torres. Although familial relationships alone will not support a
conviction, the jury could have combined Torres’ relationship with
other circumstantial evidence, specifically the photographic
evidence, to support a conviction. See United States v. Burton,
126 F.3d 666, 670(5th Cir. 1997). Accordingly, Torres’ conviction
and sentence are
A F F I R M E D.
2
Reference
- Status
- Unpublished