United States v. Daniel Compton ( 2020 )


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  •      Case: 19-40345      Document: 00515350908         Page: 1    Date Filed: 03/19/2020
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    United States Court of Appeals
    Fifth Circuit
    FILED
    No. 19-40345                          March 19, 2020
    Summary Calendar
    Lyle W. Cayce
    Clerk
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee
    v.
    DANIEL JAMES COMPTON,
    Defendant-Appellant
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. 2:18-CR-1118-1
    Before SMITH, DENNIS, and DUNCAN, Circuit Judges.
    PER CURIAM: *
    Daniel James Compton was convicted following a jury trial of one count
    of transportation of an undocumented alien. He was sentenced to a prison term
    of 37 months. He appeals his conviction.
    Compton argues that the evidence produced at trial was insufficient to
    support his transportation conviction. Insufficiency of the evidence claims are
    reviewed de novo, and this court gives substantial deference to the jury verdict.
    * 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 R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH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.
    Case: 19-40345      Document: 00515350908   Page: 2   Date Filed: 03/19/2020
    No. 19-40345
    United States v. Chon, 
    713 F.3d 812
    , 818 (5th Cir. 2013). Viewing the evidence
    in the light most favorable to the Government, this court asks only whether a
    rational jury could have found the essential elements of the offense beyond a
    reasonable doubt. 
    Id. Compton argues
    that the evidence was insufficient to show that he had
    knowledge of the undocumented alien’s presence in his vehicle’s trunk, or he
    recklessly disregarded her presence.       However, circumstantial evidence,
    viewed in the light most favorable to the Government, supports a rational
    inference that Compton knew that he was transporting an undocumented
    alien. See United States v. Nolasco-Rosas, 
    286 F.3d 762
    , 765 (5th Cir. 2002).
    Compton had sole control over the vehicle in which the alien was found, he
    displayed evasive and nervous behavior at the checkpoint, he volunteered
    suspicious information without being asked, and he gave implausible
    explanations. See United States v. Richardson, 
    848 F.2d 509
    , 512-14 (5th Cir.
    1988); see also United States v. Gutierrez-Farias, 
    294 F.3d 657
    , 660 (5th Cir.
    2002). Additionally, the alien paid thousands of dollars to be smuggled into
    the United States, a portion of which was due upon successful arrival, and it
    is not unreasonable to infer that her transport would not be entrusted to an
    unknowing party. See Del Aguila-Reyes, 
    722 F.2d 155
    , 157 (5th Cir. 1983).
    Thus, from this evidence, a rational jury could have found the knowledge
    element of the transportation offenses beyond a reasonable doubt.            See
    
    Nolasco-Rosas, 286 F.3d at 765
    .       The judgment of the district court is
    AFFIRMED.
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