United States v. Zavala

* 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this opinion should not be published and is not precedent except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
December 4, 2003
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT
No. 03-40192
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOE ZAVALA,
Defendant-Appellant.
Appeal from the United States District Court
for the Eastern District of Texas
(4:02-CR-73-7)
Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Joe Zavala contends that the evidence was insufficient to
support his conviction for conspiracy to distribute 100 kilograms
or more of marijuana. Zavala moved for acquittal at the close of
the Government’s case but not at the close of all of the evidence.
Therefore, his claim is reviewed only to determine whether there
was a manifest miscarriage of justice warranting a reversal.
United States v. McCarty, 36 F.3d 1349, 1358 (5th Cir. 1994); see
also United States v. Dean, 59 F.3d 1479, 1489 (5th Cir. 1995),

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cert. denied, 516 U.S. 1064 (1996); United States v. Lopez, 979
F.2d 1024, 1029 (5th Cir. 1992). Zavala does not satisfy this
narrow standard.
AFFIRMED

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