USA vs. Rafael (5th Cir. 1996)

Federal Circuits, 5th Cir. (September 13, 1996)

Docket number: 95-31020


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IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 95-31020

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

SIMEON RAFAEL; EPIFANIO GONZAGA,

Defendants-Appellants.

Appeal from the United States District Court

for the Middle District of Louisiana

USDC No. CR-94-104-B-M1

September 11, 1996

Before KING, HIGGINBOTHAM, and STEWART, Circuit Judges.

PER CURIAM:* Simeon Rafael and Epifanio Gonzaga challenge the sufficiency of the evidence to support their convictions for importation of cocaine, possession of cocaine on board a vessel arriving in the United States, and possession with intent to distribute cocaine. We have throughly reviewed the record and the arguments raised in the briefs and find no reversible error. See United States v. Velgar-Vivero, 8 F.3d 236, 241 (5th Cir. 1993), cert. denied, 114 S. Ct. 1865, 2715 (1994).

The appellants also challenge the admission of testimony concerning a statement by Gonzaga and of the witness's opinion concerning what Gonzaga meant. Even if the admission of Bambao's testimony was error, it was harmless in light of the other evidence against Rafael and Gonzaga. See United States v. Gadison, 8 F.3d 186, 192 (5th Cir. 1993).

Rafael and Gonzaga's convictions are AFFIRMED.

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule

47.5.4.

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