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U.S. v. HERRERA

No. 00-51177.

313 F.3d 882 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Ismael Holguin HERRERA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 26, 2002.

Attorney(s) appearing for the Case

Louis M. Fischer, U.S. Dept. of Justice, Crim. Div. App. Section, Washington, DC, Mark Randolph Stelmach (argued), Joseph H. Gay, Jr., Asst. U.S. Attys., San Antonio, TX, for Plaintiff-Appellee.

George McCall Secrest, Jr. (argued), Bennett & Secrest, Houston, TX, for Defendant-Appellant.

Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS and CLEMENT, Circuit Judges.

PER CURIAM:

Primarily at issue is the correct standard of review for Ismael Holguin Herrera's sufficiency of the evidence challenge to his 18 U.S.C. § 922(g)(3) conviction (possessing firearms while "unlawful user" of controlled substance). AFFIRMED.

I.

In a multi-count indictment against nine defendants, Herrera was charged in three: count 1, violation of 21 U.S.C. §§ 841(a)(1) and 846 (conspiracy...

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