United States v. Diaz-Salas , 86 F. App'x 701 ( 2004 )


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  •                                                          United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS         January 29, 2004
    FOR THE FIFTH CIRCUIT
    Charles R. Fulbruge III
    Clerk
    No. 03-50568
    Summary Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    JESUS FERNANDO DIAZ-SALAS,
    Defendant-Appellant.
    --------------------
    Appeal from the United States District Court
    for the Western District of Texas
    USDC No. EP–02-CR-1961-ALL
    --------------------
    Before HIGGINBOTHAM, DAVIS and PRADO, Circuit Judges.
    PER CURIAM:*
    Jesus Fernando Diaz-Salas appeals his jury trial convictions
    for importation of more that 100 kilograms of marijuana and
    possession with intent to deliver more than 100 kilograms of
    marijuana.     Diaz argues on appeal that the evidence is
    insufficient to show that he had knowledge that the marijuana was
    in a hidden compartment in the trailer he was towing and that 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    that this opinion should not be published and is not precedent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. 03-50568
    -2-
    district court erred in instructing the jury on deliberate
    ignorance.
    There was testimony that Diaz suspected that the trailer
    might contain drugs, that he never requested an X-ray, that Diaz
    had looked inside the trailer before approaching the border and
    that the alterations were obvious to the inspecting officer, that
    Dias was hesitant in answering the X-ray inspector’s questions,
    and that the trailer contained marijuana worth at least
    $1,000,000.    Viewing the evidence in the light most favorable to
    the verdict and accepting the jury’s credibility determinations,
    we conclude that there was sufficient evidence to support Diaz’s
    convictions.     See United States v. Chavez, 
    119 F.3d 342
    , 347 (5th
    Cir. 1997); United States v. Loe, 
    262 F.3d 427
    , 432 (5th Cir.
    2001).
    The evidence at trial raised the inferences necessary to
    support the district court’s decision to instruct the jury on
    deliberate ignorance.     See United States v. Lara-Velasquez, 
    919 F.2d 946
    , 951 (5th Cir. 1990).
    AFFIRMED.
    

Document Info

Docket Number: 03-50568

Citation Numbers: 86 F. App'x 701

Judges: Davis, Higginbotham, Per Curiam, Prado

Filed Date: 1/29/2004

Precedential Status: Non-Precedential

Modified Date: 8/1/2023