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U.S. v. PEÑALOZA-DUARTE

No. 05-30881.

473 F.3d 575 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel PEÑALOZA-DUARTE, also known as Miguel Peñaloza-Duarte, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 20, 2006.

Attorney(s) appearing for the Case

Mark A. Miller, Stephen A. Higginson, Asst. U.S. Atty., Sivashree Sundaram (argued), New Orleans, LA, for U.S.

Catherine I. Chavarri (argued), Maria I. O'Bryne Stephenson, Stephenson, Matthews, Chavarri & Lambert, New Orleans, LA, for Defendant-Appellant.

Before JOLLY, HIGGINBOTHAM and DENNIS, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Manuel Peñaloza-Duarte ("Peñaloza") was convicted by a jury of aiding and abetting the possession of methamphetamine with the intent to distribute. On appeal, he argues that the evidence is insufficient to convict him beyond a reasonable doubt because it fails to show that he had any criminal intent to advance the crime. Indeed, he contends, the evidence showed hardly more than that he was a passenger in the vehicle with the...

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