United States v. Chavez-Araujo
United States v. Chavez-Araujo
Opinion
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 01-40927 Conference Calendar
UNITED STATES OF AMERICA, Plaintiff-Appellant, versus LEODADIO CHAVEZ-ARAUJO, Defendant-Appellee.
-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. L-01-151-ALL -------------------- August 20, 2002 Before HIGGINBOTHAM, DAVIS, and PARKER, Circuit Judges.
PER CURIAM:* Leodadio Chavez-Araujo (Chavez) argues that the evidence is insufficient to support his conviction for conspiracy to possess and possession with intent to distribute more than 100 kilograms of marijuana. We review Chavez’s argument for plain error because he did not renew his motion for judgment of acquittal at the close of the evidence. United States v. Pierre, 958 F.2d 1304, 1310 (5th Cir. 1992)(en banc).
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-40927 -2- Chavez was arrested at the border checkpoint in Laredo, Texas, after authorities searched his tractor-trailer and discovered approximately 1134 pounds of marijuana hidden underneath pallets of bottled water. Based on the quantity of marijuana and the manner in which it was hidden in the trailer, we find no plain error in the jury’s verdict. United States v. Paul, 142 F.3d 836, 839-40 (5th Cir. 1998); United States v. Delagarza-Villarreal, 141 F.3d 133, 139 (5th Cir. 1997).
AFFIRMED.
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