United States v. Garcia-De Luna ( 2000 )

No. 99-40870
-1-
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-40870
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TEODORO GARCIA-DE LUNA, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-99-CR-73-1
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May 2, 2000
Before KING, Chief Judge, and JOLLY and PARKER, Circuit Judges.
PER CURIAM:*
Teodoro Garcia-De Luna, Jr., appeals his conviction for
possession with intent to distribute marijuana. He argues that
the district court erred in denying his motion for judgment of
acquittal and engaged in improper questioning of witnesses that
rendered his trial fundamental unfair. Because Garcia-De Luna
was identified as the driver of the van by two Texas Department
of Public Safety officers, the evidence was sufficient to support
Garcia-De Luna’s conviction. United States v. Lopez, 74 F.3d
*
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that this opinion should not be published and is not precedent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. 99-40870
-2-
575, 577 (5th Cir. 1996). The cumulative effect of the district
court’s questioning of various witnesses did not deprive Garcia-
De Luna of a fair trial. United States v. Saenz, 134 F.3d 697,
701 (5th Cir. 1998).
AFFIRMED.