DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
043241P.pdf 05/23/2005 USA v. Casimiro Gaona-Lopez
U.S. Court of Appeals Case No: 04-3241
District of Nebraska
Criminal Case - conviction. Sufficient evidence that defendant
knowingly attempted possession with intent to distribute
methamphetamine was established by possession of key to automobile
containing drugs and to storage unit, his orchestration of the trip to the
storage area where the car was stored, and by the false and inconsistent
information defendant supplied to the police and at trial. District court did
not err in failing to give, sua sponte, the mere presence instruction.
[PUBLISHED] [Riley, Author, with Chief Judge Loken and Smith,
Circuit Judges]