United States v. Gutierrez-Diaz

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-50412 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LUIS ALBERTO GUTIERREZ-DIAZ, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. PE-96-CR-5-1 - - - - - - - - - - February 24, 1997 Before SMITH, EMILIO M. GARZA, and PARKER, Circuit Judges. PER CURIAM:* Luis Alberto Gutierrez-Diaz appeals his conviction and sentence for possession with intent to distribute marijuana. Because Gutierrez-Diaz did not move for a judgment of acquittal at the close of the evidence, we review his challenge to the sufficiency of the evidence for plain error or miscarriage of justice.