United States v. Guerrero

* 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that this opinion should not be published and is not precedent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
April 3, 2003
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-41115
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RAFAEL GRACIA GUERRERO,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of Texas
(B-00-CR-514-1-S)
Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Rafael Gracia Guerrero appeals his conviction, following a
jury trial, for bank robbery. 18 U.S.C. § 2113(a) & (d) (taking
money with force, violence or intimidation from a bank). In
contending the district court erred in denying his motion for a
judgment of acquittal, Guerrero claims insufficient evidence
proving his identity as one of the bank robbers. There was
evidence: Guerrero was a major contributor of DNA to a ski mask
found at the bank; he participated in robberies with similar modus

-- 1 of 2 --

2
operandi; and his behavior upon being stopped for a traffic
violation indicated a guilty conscience. Viewed in the light most
favorable to the government, a rational jury could have found,
beyond a reasonable doubt, that Guerrero was one of the bank
robbers. E.g., United States v. Edwards, 303 F.3d 606, 635 (5th
Cir. 2002), cert. denied, __ S.Ct. __, 71 U.S.L.W. 3430 (24 Feb.
2003).
Guerrero also contends the district court erred by admitting
claimed hearsay testimony discrediting his alibi. Even if the
testimony were hearsay, given the evidence of Guerrero’s guilt, the
admission constituted harmless error. E.g., Edwards, 303 F.3d at
623.
AFFIRMED

-- 2 of 2 --