USA v. Vidaurri, No. 07-50949 (5th Cir. 2008)
Annotate this Case
Download PDF
IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 07-50949 Summary Calendar July 11, 2008 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. GONZALO VIDAURRI Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 5:05-CR-680-3 Before REAVLEY, SMITH, and DENNIS, Circuit Judges. PER CURIAM:* Gonzalo Vidaurri has appealed his jury conviction of conspiracy to possess with intent to distribute cocaine, possession with intent to distribute cocaine, and aiding and abetting. Vidaurri contends that the evidence was insufficient to prove his guilt beyond a reasonable doubt. Vidaurri complains that he was convicted on the basis of circumstantial evidence only and that the Government did not prove that he knew of the cocaine distribution venture. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-50949 Vidaurri did not move the district court for a judgment of acquittal. Accordingly, his challenge to evidence sufficiency is reviewed only for a manifest miscarriage of justice the record must be devoid of evidence of guilt or the evidence must be so tenuous that a conviction is shocking. United States v. Avants, 367 F.3d 433, 449 (5th Cir. 2004). Vidaurri s post-arrest statements and the circumstances surrounding his arrest provide proof of his guilty knowledge and his participation in the conspiracy. See United States v. Maltos, 985 F.2d 743, 746 (5th Cir. 1992). The conviction is AFFIRMED. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
