Legal Opinion

United States v. Jose Hernandez

Court of Appeals for the Fifth Circuit

Decided March 17, 2016No. 15-40996Unpublished

1Opinion of the Court

PER CURIAM: *

A jury convicted Jose Hernandez of possession with intent to distribute methamphetamine in violation of 18 U.S.C. § 2 and 21 U.S.C. § 841(a)(1) and (b)(1)(A). Hernandez claims the evidence was insufficient to support the conviction, suggesting that he was an unwitting courier of the methamphetamine. We disagree.

The government was required to prove (1) possession, (2) knowledge, and (3) intent to distribute. See United States v. Vasquez, 677 F.3d 685, 694 (5th Cir.2012). Hernandez has challenged only knowledge.

When the drugs are hidden in a vehicle, control alone is not sufficient…

2Cases cited4 opinions

  1. United States v. Mark KuhrtCourt of Appeals for the Fifth Circuit · 2015
  2. United States v. VasquezCourt of Appeals for the Fifth Circuit · 2012
  3. United States v. Jesus Ramos-RodriguezCourt of Appeals for the Fifth Circuit · 2016
  4. United States v. Alexander Gil-CruzCourt of Appeals for the Fifth Circuit · 2015

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API