USA v. Whisenhunt

Filing 920070613

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 13, 2007 Charles R. Fulbruge III Clerk No. 06-50940 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus KAY WHISENHUNT, Defendant-Appellant. -------------------Appeal from the United States District Court for the Western District of Texas USDC No. 7:05-CR-253-1 -------------------Before JOLLY, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM:* Kay Whisenhunt was convicted by a jury of seven drug-related offenses. She challenges the sufficiency of the evidence

supporting her convictions of possession with the intent to distribute methamphetamine on October 24, 2005, and attempting to possess with the intent to distribute methamphetamine on October 28, 2005. Whisenhunt did not move for a judgment of acquittal in the district court. Accordingly, we will review the sufficiency of

the evidence only to determine whether Whisenhunt's conviction 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-50940 -2constitutes a manifest miscarriage of justice. Griffin, 324 F.3d 330, 356 (5th Cir. 2003). United States v.

Viewing the evidence

in the light most favorable to the verdict, we have determined that a rational trier of fact could have found that the evidence established Whisenhunt's guilt beyond a reasonable doubt as to both offenses. Therefore, Whisenhunt's convictions did not See id.

result in a manifest miscarriage of justice.

The judgment of the district court is AFFIRMED.