United States v. Ramirez-Cardenas ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-40957
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
EDUARDO RAMIREZ-CARDENAS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-98-CR-1047-1
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June 13, 2000
Before JOLLY, DAVIS, and STEWART, Circuit Judges.
PER CURIAM:*
Eduardo Ramirez-Cardenas appeals his jury conviction for
illegal entry after deportation, 8 U.S.C. § 1326. Ramirez-
Cardenas argues that the evidence was insufficient to show that
he voluntarily entered the United States. The jury was free to
accept or reject Ramirez-Cardenas’ testimony that he was swept
across the Rio Grande River involuntarily, and his testimony did
not create a reasonable doubt rendering the Government’s evidence
insufficient as a matter of law. The jury chose not to believe
Ramirez-Cardenas’ contention that he involuntarily entered 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that this opinion should not be published and is not precedent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.
No. 99-40957
-2-
United States as a result of a near drowning experience. All
reasonable inferences and credibility choices are reviewed in
favor of the verdict, and the jury’s acceptance of the
Government’s version of what happened over Ramirez-Cardenas’
version was reasonable. United States v. Cardenas-Alvarez, 987
F.2d 1129, 1131-32 (5th Cir. 1993).
AFFIRMED.