United States v. Whisenhunt

* 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this opinion should not be published and is not precedent except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
June 13, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-50940
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KAY WHISENHUNT,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:05-CR-253-1
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Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Kay Whisenhunt was convicted by a jury of seven drug-related
offenses. She challenges the sufficiency of the evidence
supporting her convictions of possession with the intent to
distribute methamphetamine on October 24, 2005, and attempting to
possess with the intent to distribute methamphetamine on October
28, 2005.
Whisenhunt did not move for a judgment of acquittal in the
district court. Accordingly, we will review the sufficiency of
the evidence only to determine whether Whisenhunt’s conviction

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No. 06-50940
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constitutes a manifest miscarriage of justice. United States v.
Griffin, 324 F.3d 330, 356 (5th Cir. 2003). Viewing the evidence
in the light most favorable to the verdict, we have determined
that a rational trier of fact could have found that the evidence
established Whisenhunt’s guilt beyond a reasonable doubt as to
both offenses. Therefore, Whisenhunt’s convictions did not
result in a manifest miscarriage of justice. See id.
The judgment of the district court is AFFIRMED.

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