United States v. Naranjo

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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m 98-41145
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
VERSUS
PEDRO NARANJO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
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January 18, 2000
Before SMITH, BARKSDALE, and
PARKER, Circuit Judges.
PER CURIAM:*
Pedro Naranjo appeals his conviction of
conspiracy to possess with intent to distribute
a quantity exceeding 1,000 kilograms of
marihuana and possession with intent to
distribute a quantity exceeding 1,000
kilograms of marihuana in violation of 18
U.S.C. § 2 and 21 U.S.C. §§ 841(a)(1),
841(b)(1)(a), and 846. He argues that the
evidence is insufficient to support his
conviction, that the court erred in giving a
modified Allen charge, and that he received
ineffective assistance of counsel.
Viewed in the light most favorable to the
verdict, the evidence is sufficient to support a
rational juror’s finding of guilt beyond a
reasonable doubt on all elements of the
charged offenses. See United States v. Resio-
Trejo, 45 F.3d 907, 910-13 (5th Cir. 1995);
United States v. Casilla, 20 F.3d 600, 602-07
(5th Cir. 1994); United States v. Garza, 990
F.2d 171, 173-76 (5th Cir. 1993). The
modified Allen charge did not place undue
pressure on the jury, and the court did not
abuse its discretion in giving it. See United
States v. Winters, 105 F.3d 200, 203-04 (5th
Cir. 1997); United States v. Nguyen, 28 F.3d
477, 484 (5th Cir. 1994). Because the record
as to Naranjo’s claim of ineffective assistance
of counsel is inadequately developed, we
decline to consider it, but without prejudice to
his right to assert it in a collateral proceeding.
See United States v. Scott, 159 F.3d 916, 924-
25 (5th Cir. 1998); United States v. Bounds,
943 F.2d 541, 544 (5th Cir. 1991).
AFFIRMED.
* 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determined that this opinion should not be published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.

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