Opinion
No. 06-50733 Summary Calendar.
June 28, 2007.
Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney's Office Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.
Jeffrey S. Mahl, Del Rio, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Western District of Texas, USDC No. 2:05-CR-681-ALL.
Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.
Gustavo Martinez-Vasquez appeals from his jury-trial conviction of conspiracy to possess with the intent to distribute more than 100 kilograms of marijuana and possession with the intent to distribute more than 100 kilograms of marijuana. He argues that the evidence was insufficient to support the jury's finding that the he knew that the car in which he was traveling as a passenger contained marijuana. Martinez-Vasquez preserved this issue for de novo review. See United States v. Peñaloza-Duarte, 473 F.3d 575, 579 (5th Cir. 2006).
In addition to hearing testimony that Martinez-Vasquez attempted to evade arrest once the car stopped, the jury heard testimony that (1) Martinez-Vasquez possessed a phone book containing the names and numbers of other subjects of the investigation; (2) Martinez-Vasquez helped to load the boxes of marijuana into the car; and (3) the car had a strong odor of marijuana. Viewing this evidence in the light most favorable to the verdict, a rational jury could have found Martinez-Vasquez's knowledge of the marijuana beyond a reasonable doubt. See United States v. Mireles, 471 F.3d 551, 555-56 (5th Cir. 2006); United States v. Flores, 564 F.2d 717, 718-19 (5th Cir. 1977).
AFFIRMED.