United States v. Carrasco ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS May 30, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-51104
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSEPH A. CARRASCO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-02-CR-57-ALL
SA-01-M-540-ALL
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Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Joseph A. Carrasco appeals his conviction following a bench
trial for driving while intoxicated in a public place located in
the territorial jurisdiction of the United States. He argues that
the evidence presented was not sufficient to show that his mental
and physical faculties were impaired at the time of his
apprehension.
Viewing the evidence in the light most favorable to the
*
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this opinion should not be published and is not precedent except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.
Government, and deferring to all reasonable inferences drawn by the
magistrate judge, the evidence reflected that Carrasco emitted a
noticeable odor of alcohol, exhibited poor coordination and
attention span prior to and during testing, and advised the
representative of the prosecutor’s office that he was not driving
contrary to his testimony presented at trial. There was
substantial evidence to support the determination that Carrasco’s
mental and physical faculties were impaired by alcohol at the time
that he drove a vehicle into the area located within the
jurisdiction of the United States. See United States v. Cardenas,
9 F.3d 1139, 1156 (5th Cir. 1993); United States v. Fesler, 781
F.2d 384, 386 n.1 (5th Cir. 1986); 18 U.S.C. § 13; TEX. PENAL CODE
§ 49.04.
Carrasco’s conviction is AFFIRMED.
2