United States v. Gallegos-Alvarado

* 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opinion should not be published and is not precedent except under the limited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
March 9, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-50661
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LIBRADO GALLEGOS-ALVARADO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:04-CR-1637-1
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Before JONES, Chief Judge, and SMITH and GARZA, Circuit Judges.
PER CURIAM:*
Librado Gallegos-Alvarado (Gallegos) appeals his conviction
following a bench trial for conspiracy to possess and possession
with intent to distribute more than 100 kilograms of marijuana, in
violation of 21 U.S.C. §§ 846, 841(a)(1). Gallegos argues that the
evidence was insufficient to connect him with the marijuana or to
other persons observed fleeing from the location where the
marijuana was discovered.
Gallegos was found hiding in the brush after sensors alerted

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U.S. Border Patrol agents to activity near the border. There was
no other sensor activity in the immediate vicinity. Upon
investigating the activity, agents observed suspicious bundles on
the ground and saw a total of seven persons, five of whom fled back
across the border. The bundles turned out to be seven burlap sacks
fashioned with burlap straps containing over 400 pounds of
marijuana. Gallegos was observed in close proximity to one of the
sacks. He was also found to have burlap fibers embedded in his
shirt, although there were no strap marks visible on his body.
Gallegos fled when approached by Border Patrol agents and
physically resisted arrest. He also gave the agents an alias.
Viewing the evidence as a whole and in the light most favorable to
the verdict, we conclude that the evidence was sufficient to
support the conviction. See United States v. Shelton, 325 F.3d
553, 557 (5th Cir. 2003); United States v. Rojas-Martinez, 968 F.2d
415, 420-21 (5th Cir. 1992).
AFFIRMED.

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