United States v. Garcia

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-50438
Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

GREGORIO GARCIA, JR.,

Defendant-Appellant

Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:18-CR-485-1

Before KING, GRAVES, and WILLETT, Circuit Judges.
PER CURIAM:
*

Gregorio Garcia, Jr. appeals his bench-trial conviction for conspiracy to
transport illegal aliens. On appeal, he contends that the evidence was
insufficient for conviction because there was no evidence of an agreement
between himself and any other individual to transport the illegal aliens.
In reviewing a bench-trial conviction, we view the evidence in the light
most favorable to the Government and defer to reasonable inferences drawn

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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
FILED
March 4, 2020

Lyle W. Cayce
Clerk
Case: 19-50438 Document: 00515331477 Page: 1 Date Filed: 03/04/2020

No. 19-50438
2
by the district court. United States v. Esparza, 678 F.3d 389, 392 (5th Cir.
2012). The focus of our review is on “whether the finding of guilt is supported
by substantial evidence, i.e., evidence sufficient to justify the trial judge, as the
trier of fact, in concluding beyond a reasonable doubt that the defendant is
guilty.” Id. (internal quotations marks and citation omitted).
Here, there was sufficient evidence in the record to establish that Garcia
came to an agreement with one or more people regarding the transportation of
illegal aliens. See id. Garcia drove in tandem with the black Camaro driven
by Monica Benavidez on February 20, 2018; both vehicles were registered to
“A. Benavidez”; Garcia stated that the white F-150 pickup truck was given to
him by Benavidez; and the cell phone found in the F-150 appeared to belong to
Benavidez. Garcia performed several U-turns on Farm-to-Market Road 117
while driving, as though he were looking for something or someone, and two of
the illegal aliens were told by relatives or people involved in the smuggling
operation that they would be picked up on February 20 on FM 117 by an older
white truck.
AFFIRMED.
Case: 19-50438 Document: 00515331477 Page: 2 Date Filed: 03/04/2020