United States v. Govea-Flores

U.S. Court of Appeals for the Fifth Circuit

United States v. Govea-Flores

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-51194 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ISAIAS GOVEA-FLORES,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 4:99-CR-252-1 -------------------- November 13, 2002

Before JONES, STEWART, and DENNIS, Circuit Judges.

PER CURIAM:*

Isaias Govea-Flores appeals from his conviction of

transporting aliens. He contends solely that the evidence was

insufficient to support his conviction. We review Govea-Flores’

argument for plain error because he did not renew his motion for

judgment of acquittal at the close of the evidence. United States

v. Green,

293 F.3d 886, 895

(5th Cir. 2002).

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 99-51194 -2-

Govea-Flores argues that the evidence was insufficient to

show that he knew the people he was transporting were aliens and

that his transportation of the aliens was in furtherance of their

illegal presence in the United States. See

8 U.S.C. § 1324

. There

is no plain error as the record is neither devoid of evidence with

respect to these elements of a

8 U.S.C. § 1324

offense nor was the

evidence “so tenuous that a conviction would be shocking.” See

United States v. Laury,

49 F.3d 145, 151

(5th Cir. 1995).

AFFIRMED.

Reference

Status
Unpublished