United States v. Vargas-Ocampo, No. 11-41363 (5th Cir. 2013)
Annotate this CaseDefendant challenged one of two counts of his drug-trafficking conviction for insufficiency of evidence and the other for an erroneously submitted jury instruction. The court clarified that because the Supreme Court had stated and repeatedly reaffirmed the constitutional test for sufficiency of the evidence to uphold a conviction, Jackson v. Virginia, the statements inconsistent with Jackson that have appeared in some Fifth Circuit cases must be disavowed. Based on the Jackson standard, the court found that the evidence was sufficient to convict defendant of knowing, voluntary participation in a conspiracy to possess with intent to distribute marijuana. The court concluded that the district court neither erred nor abused its discretion in giving the aiding and abetting jury instruction. Accordingly, the court affirmed the judgment.
The court issued a subsequent related opinion or order on September 26, 2013.
The court issued a subsequent related opinion or order on October 31, 2013.
The court issued a subsequent related opinion or order on March 26, 2014.
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