United States v. Medina

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-51186
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE M. MEDINA,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-01-CR-401-ALL
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May 16, 2002
Before DeMOSS, PARKER, and DENNIS, Circuit Judges.
PER CURIAM:*
Jose M. Medina challenges the sufficiency of the evidence
supporting his conviction. Medina was convicted under the
Assimilative Crimes Act, 18 U.S.C. § 13, for being intoxicated
while operating a motor vehicle in a public place within the
confines of Fort Sam Houston.
We review the evidence to determine whether the finding of
guilt made by the trier of fact is supported by substantial

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No. 01-51186
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evidence. United States v. Ybarra, 70 F.3d 362, 364 (5th Cir.
1995). We view all evidence in the light most favorable to the
Government and defer to all reasonable inferences drawn by the
trier of fact. Id.
The evidence established that Medina had been drinking, that
he had been driving, and that he had been involved in a traffic
accident. Medina lacked the ability to speak in a normal speech
pattern. Medina emitted a noticeable odor of alcohol, had glassy
eyes, had a disheveled appearance, and was argumentative. The
evidence, viewed in the light most favorable to the Government, was
sufficient to convict Medina of being drunk while driving on Fort
Sam Houston. See Ybarra, 70 F.3d at 364. The judgment is
AFFIRMED.

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