Summary Calendar UNITED STATES OF AMERICA v. Gonzalo Vidaurri

* 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should not be published and is not precedent except under the limited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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-50949
Summary Calendar
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.
United States Court of Appeals
Fifth Circuit
F I L E D
July 11, 2008
Charles R. Fulbruge III
Clerk

-- 1 of 2 --

No. 07-50949
2
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 of 2 --