United States of America, Plaintiff-appellee, v. Cristina Moreno-valencia, Defendant-appellant.united States of America, Plaintiff-appellee, v. Antonio Moreno-cruz, Defendant-appellant, 951 F.2d 1261 (10th Cir. 1991)

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of these appeals. See Fed. R. App. P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.

Defendants-appellants Cristina Moreno-Valencia (Valencia) and Antonio Moreno-Cruz (Cruz) challenge their criminal convictions following a jury's guilty verdict in the district court. Valencia asserts that the evidence was insufficient to support the verdict. Cruz argues that the district court committed error in denying his motion for a judgment of acquittal based on insufficiency of the evidence. We exercise jurisdiction under 28 U.S.C. § 1291 and affirm.

The evidence is sufficient if, when taken in the light most favorable to the government, a reasonable jury could the find the defendant guilty beyond a reasonable doubt. See United States v. Hooks, 780 F.2d 1526, 1531 (10th Cir.), cert. denied, 475 U.S. 1128 (1986). Because Cruz was charged as an aider and abettor under 18 U.S.C. § 2, the record must demonstrate that the defendant in some way associated himself with the venture, that he participated in it as something that he wished to bring about, and that he sought by his action to make it succeed. Nye & Nissen v. United States, 336 U.S. 613, 619 (1949).

Valencia asserts that the evidence was insufficient to establish that she was guilty of possession with intent to distribute marijuana. Cruz argues that the government's evidence was insufficient to establish that Cruz was an aider and abettor. After reviewing the record, we disagree. The record reveals the following: Valencia and Cruz were travelling toward Los Angeles in vehicles with similar camper shells and Chihuahua license plates; both defendants arrived at the same border inspection point with Cruz in the lead; when stopped at the inspection point, Cruz and Valencia ignored each other even though they were parked within ten feet of each other; both defendants denied that they were travelling with each other; Cruz left the inspection point at a high rate of speed, nearly hitting a border patrol agent, and subsequently was stopped some minutes later travelling slower than the rest of traffic; and marijuana was discovered hidden in the shell of Valencia's vehicle.

Given this evidence and the other evidence in the record, we conclude that a reasonable jury could find the defendants guilty beyond a reasonable doubt. Both convictions are AFFIRMED. The mandate shall issue forthwith.