USA v. Flor Jimenez

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USA v. Flor Jimenez

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Case: 09-40777

Document: 00511185119

Page: 1

Date Filed: 07/26/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-40777 S u m m a r y Calendar July 26, 2010 Lyle W. Cayce Clerk

U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e , versu s F L O R MARIA JIMENEZ, D e fe n d a n t -A p p e lla n t .

A p p e a l from the United States District Court fo r the Southern District of Texas N o . 5:08-CR-1864-2

B e fo r e DAVIS, SMITH, and DENNIS, Circuit Judges. P E R CURIAM:*

F lo r Jimenez was found guilty by a jury of two counts of transportation of a n illegal alien within the United States for private financial gain by means of

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

*

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Case: 09-40777

Document: 00511185119 Page: 2 No. 09-40777

Date Filed: 07/26/2010

a motor vehicle. She was sentenced to 28 months of imprisonment and three y e a r s of supervised release on each count, to be served concurrently. She argues t h a t the government did not provide sufficient evidence in its case-in-chief to s u p p o r t her conviction, because it did not prove that she was driving the truck t r a n s p o r t in g illegal aliens. I f a defendant moves for acquittal at the end of the government's case-inc h ie f and then, as Jimenez did, presents evidence on her behalf during her casein -c h ie f, this court will consider the entire record in determining the sufficiency o f the evidence. United States v. Alarcon, 261 F.3d 416, 421 (5th Cir. 2001). Bec a u s e Jimenez renewed her motion for acquittal at the close of all evidence, we r e v ie w the sufficiency de novo. Id. R e g a r d le s s whether the government proved during its case-in-chief that J im e n e z was the driver of the truck, Jimenez testified during her case-in-chief t h a t she was. Any rational trier of fact could have found that that evidence est a b lis h e d beyond a reasonable doubt that Jimenez was the driver, so she has not s h o w n that the evidence was insufficient to support her conviction. See Jackson v . Virginia, 443 U.S. 307, 318-19 (1979). A F F IR M E D .

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