United States, et al v. Hernandez

* 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this opinion should not be published and is not precedent except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
October 15, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-11114
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NELSON SANDOVAL HERNANDEZ,
ADRIANA TERESA SANCHEZ GUTIERREZ,
Defendants-Appellants.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:02-CR-396-M-5
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Before DAVIS, SMITH, and DENNIS, Circuit Judges
PER CURIAM:*
Nelson Sandoval Hernandez (Hernandez) appeals his conviction
for conspiring to possess over five kilograms of cocaine with the
intent to distribute, while Adriana Teresa Sanchez Gutierrez
(Gutierrez) appeals her convictions for the same drug conspiracy
and for conspiring to launder monetary instruments with the
proceeds of the drug conspiracy. Gutierrez contends that the
evidence was insufficient to support either of her convictions.
After reviewing the record and the arguments of counsel, we hold

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No. 03-11114
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that a rational trier of fact could have found that the evidence
established the essential elements of the offenses beyond a
reasonable doubt.
Gutierrez and Hernandez also contend that the district court
erred in denying their challenge to the jury panel, which was made
pursuant to Batson v. Kentucky, 476 U.S. 79 (1986). Their
conclusional assertion that the Government’s proffered race-neutral
reasons for striking minority jurors were pretextual is
insufficient to overcome the deference given to the district
court’s decision to accept those explanations. See United States
v. De La Rosa, 911 F.2d 985, 991 (5th Cir. 1990). The judgments of
conviction are AFFIRMED.

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