United States v. Velador-Rivera , 96 F. App'x 954 ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS May 6, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-50486
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RAMON VELADOR-RIVERA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. P-02-CR-217-ALL
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Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Ramon Velador-Rivera appeals from his convictions for
importation of less than 50 kilograms of marijuana and of
possession with intent to distribute less than 50 kilograms of
marijuana. Velador was sentenced to 27 months’ imprisonment and
three-year terms of supervised release on each count, the terms
to run concurrently.
Velador argues that the evidence was insufficient to support
his convictions because it did not show that he knowingly
*
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that this opinion should not be published and is not precedent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. 03-50486
-2-
imported and possessed the marijuana found in the hidden
compartments of the furniture that he was transporting.
In cases involving contraband found in hidden compartments
in a vehicle, control over the vehicle by itself does not support
an inference of guilty knowledge. United States v. Diaz-Carreon,
915 F.2d 951, 954 (5th Cir. 1990). There must be additional
evidence indicating guilty knowledge. Id.There was additional evidence to support an inference that
Velador had knowledge that the marijuana was concealed in the
furniture that he was transporting. Velador’s conflicting
statements made to agents about the ownership of the furniture
and his implausible story that he agreed to carry furniture over
the border for an unknown person, despite receiving warnings of
the danger of doing so, was indicative of guilty knowledge. In
light of the conflicting statements and implausible story, the
large quantity of drugs being carried also supported an inference
of guilt. See United States v. Ramos-Garcia, 184 F.3d 463, 466
(5th Cir. 1999). Further, Velador’s statement following his
arrest that his passengers knew nothing about the furniture was
evidence that he was aware of the presence of the contraband.
Velador’s intent to distribute the drugs he possessed
could be inferred from the large quantity of drugs that he was
transporting. See United States v. Kates, 174 F.3d 580, 582
(5th Cir. 1999).
No. 03-50486
-3-
When all the evidence is viewed in the light most favorable
to the government, and with deference to all reasonable
inferences drawn by the district court, there was substantial
evidence to support the finding that Velador knowingly imported
marijuana into the United States and that he possessed the
marijuana with the intent to distribute it. United States v.
Ybarra, 70 F.3d 362, 364 (5th Cir. 1995); United States v. Lopez,
74 F.3d 575, 577 (5th Cir. 1996).
AFFIRMED.