United States v. Walczak , 85 F. App'x 986 ( 2004 )


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  •                                                          United States Court of Appeals
    Fifth Circuit
    F I L E D
    January 22, 2004
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT             Charles R. Fulbruge III
    Clerk
    No. 03-50340 c/w
    No. 03-50406
    Summary Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    HENRY SIDNEY WALCZAK,
    Defendant-Appellant.
    - - - - - - - - - -
    Appeal from the United States District Court
    for the Western District of Texas
    USDC No. EP-02-CR-1164-ALL-EP
    - - - - - - - - - -
    Before JOLLY, SMITH, and WIENER, Circuit Judges.
    PER CURIAM:*
    Henry Sidney Walczak appeals his convictions, following
    a jury trial, of importation of marijuana and possession of
    marijuana with intent to distribute, in violation of 21 U.S.C.
    §§ 952 and 841(a).    The district court sentenced Walczak to
    concurrent 37-month prison terms and three-year supervised-
    release terms.
    Walczak contends the trial evidence was insufficient to
    support the knowledge element of the convictions, in 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    that this opinion should not be published and is not precedent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. 03-50340 c/w
    No. 03-50406
    -2-
    100.2 pounds of marijuana found by U.S. Customs Inspectors had
    been concealed in various hidden compartments within the truck he
    had allegedly bought only a week earlier in Mexico.     The evidence
    was not insufficient to support an inference that Walczak knew
    that the marijuana was hidden in his truck.    See United States
    v. Villarreal, 
    324 F.3d 319
    , 322 (5th Cir. 2000); United States
    v. Jones, 
    185 F.3d 459
    , 464 (5th Cir. 1999).   Although Walczak
    did not appear to be especially nervous when initially stopped
    and questioned by Customs officials at the Ysleta port of entry,
    he subsequently provided inconsistent statements to investigating
    inspectors and agents.   For instance, Walczak initially told
    inspectors that he had bought his truck three weeks earlier from
    an El Paso dealership, but, after the dismantling of his truck
    began, he told a Customs Special Agent that he had bought the
    truck only a week earlier from a man in a bar in Juarez, whom he
    could identify only by the man’s first name.   Moreover, the jury
    was authorized to determine that Walczak’s general disavowal of
    knowledge of the marijuana was implausible, because Walczak’s
    story offered no reasonable time or opportunity for the allegedly
    unknown smugglers to retrieve the marijuana from his truck within
    the United States.   See 
    Villarreal, 324 F.3d at 324
    .    The
    evidence was sufficient to support the knowledge element of
    Walczak’s convictions.
    Walczak’s convictions are AFFIRMED.
    

Document Info

Docket Number: 03-50340, 03-50406

Citation Numbers: 85 F. App'x 986

Judges: Jolly, Per Curiam, Smith, Wiener

Filed Date: 1/22/2004

Precedential Status: Non-Precedential

Modified Date: 8/1/2023