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U.S. v. PENA

No. 92-5271.

983 F.2d 71 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Brenda C. PENA, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 14, 1993.

Attorney(s) appearing for the Case

Linda Harris, Asst. U.S. Atty. (argued and briefed), Memphis, TN, for plaintiff-appellee.

Sheryl H. Lipman (argued and briefed), McDonnell, Boyd, Smith & Solmson, Memphis, TN, for defendant-appellant.

Before: MERRITT, Chief Judge, and GUY and RYAN, Circuit Judges.

MERRITT, Chief Judge.

Defendant Brenda Pena appeals her jury conviction under 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2 for aiding and abetting possession of cocaine with intent to distribute. She was sentenced to ten years in prison. We find that there was insufficient proof to convince a rational trier of fact beyond a reasonable doubt that Ms. Pena knew of the existence of the cocaine or aided and abetted its possession.

I. Facts

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