Summary Calendar UNITED STATES OF AMERICA v. Erwin Eugene Semien

* 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should not be published and is not precedent except under the limited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.
United States Court of Appeals
Fifth Circuit
F I L E D
September 27, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-40009
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
ERWIN EUGENE SEMIEN
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:05-CR-158-1
Before JOLLY, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Erwin Eugene Semien appeals his conviction and sentence for conspiracy
to possess with the intent to distribute less than 500 grams of cocaine,
possession with the intent to distribute less than 500 grams of cocaine,
possession with the intent to distribute less than 50 grams of
methamphetamine, and possession of a firearm by a felon. Semien argues that
the evidence is insufficient to support his convictions. He contends that no one
saw him give narcotics to Clint Larive, and there is no evidence of a conspiracy.

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No. 07-40009
2
He also argues that numerous people had access to the narcotics and the
firearms that were seized.
Testimony established that Larive distributed cocaine and that he traveled
to the location on County Road 154 between narcotics transactions. A search of
the premises resulted in the seizure of large amounts of cocaine and
methamphetamine as well as drug paraphernalia. There was evidence that
Semien owned this property and owned or leased the vehicles on this property.
Further, photographs of Larive were found in Semien’s residence. Thus, the
evidence is sufficient to established that Larive engaged in a conspiracy with
Semien to distribute cocaine.
Although Semien argues that numerous people had access to the cocaine,
methamphetamine, and firearms, it is reasonable to infer that Semien had
knowledge of and access to the contraband. See United States v. Mergerson, 4
F.3d 337, 349 (5th Cir. 1993). Thus, a reasonable trier of fact could have found
Semien guilty of all the charges beyond a reasonable doubt. See United States
v. Mendoza, 226 F.3d 340, 343 (5th Cir. 2000).
Accordingly, the judgment of the district court is AFFIRMED.

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