Federal Circuits, 5th Cir. (July 07, 1999)
Docket number: 98-41555
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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .
R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-41555 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus VICTORIA MAREA FRUMENTO, Defendant-Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. C-98-CR-118-1 July 6, 1999 Before DAVIS, DUHE’, and PARKER, Circuit Judges.PER CURIAM: * Victoria Marea Frumento was convicted on one count of knowingly possessing marijuana with the intent to distribute. On appeal, she argues that the evidence was insufficient to uphold her conviction. We hold that the evidence was sufficient to permit a rational trier of fact to find the essential elements of the offense beyond a reasonable doubt. See United States v. Bell , 678 F.2d 547, 549 (5th Cir. 1982)(en banc).Frumento contends that because the evidence provides nearly equal evidence of innocence and guilt, a reasonable doubt must exist and her conviction must be reversed. See United States v. Ortega Reyna , 148 F.3d 540, 545-47 (5th Cir. 1998). Contrary to the defendant in Reyna , Frumento was unable to provide evidence leading law enforcement officials to her alibi, the “mother” or “stepmother” she had come to Texas to help move. Frumento also could not explain why her directions to Dallas from south Texas included a route to Chicago. Because the evidence is not “essentially in balance,” see id. at 543, Frumento’s conviction is AFFIRMED. No. 98-41555Try vLex for FREE for 3 days
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