United States v. Torres ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 99-41374
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MIKE TORRES,
Defendant-Appellant,
_________________________________________________________________
Appeal from the United States District Court for the
Southern District of Texas
USDC No. L-98-CR-830-1
_________________________________________________________________
October 26, 2000
Before JOLLY, DAVIS, and STEWART, Circuit Judges.
PER CURIAM:*
Mike Torres appeals his conviction after a jury trial of
possession with intent to distribute marihuana. He argues that the
evidence was insufficient to support his conviction. In
particular, he contends that the evidence did not establish that he
knew of the marihuana hidden in the tires of the pickup truck he
was driving.
*
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this opinion should not be published and is not precedent except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.
We review the sufficiency of evidence to support a conviction
to determine whether any rational trier of fact could have found
that the evidence established guilt beyond a reasonable doubt.
Jackson v. Virginia, 443 U.S. 307, 318 (1979). It is the sole
province of the jury to determine the weight and credibility of the
evidence. United States v. Casilla, 20 F.3d 600, 602 (5th Cir.
1994). “It is not necessary that the evidence exclude every
reasonable hypothesis of innocence. But, there must be substantial
evidence to uphold the verdict of the jury.” United States v.
Espinoza-Seanez, 862 F.2d 526, 536 (5th Cir. 1988) (citations
omitted). The evidence must be construed in the light most
favorable to the prosecution. United States v. Lombardi, 138 F.3d
559, 560 (5th Cir. 1998).
Considering the totality of the circumstances, we find that
the evidence was sufficient to support a reasonable juror’s finding
of guilt beyond a reasonable doubt. See United States v. Resio-
Trejo, 45 F.3d 907 (5th Cir. 1995); United States v. Olivier-
Becerril, 861 F.2d 424 (5th Cir. 1988).
JUDGMENT AFFIRMED.
2