United States v. Torres

U.S. Court of Appeals for the Fifth Circuit

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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Unpublished