United States Fifth Circuit

A conviction for aiding and abetting the possession of methamphetamine with the intent to distribute is reversed and vacated where there was insufficient evidence to support the verdict since the circumstantial evidence on which the government relied gave equal support to defendant's theory, namely that he was a trusted confidential informant, with no criminal convictions, who wanted to protect his cover and who found himself a passenger in an automobile very far from home with no affirmative association in the criminal venture.

Appellate Information

• Decided 12/20/2006
• Published 12/20/2006

Judges

• E. GRADY JOLLY, Circuit Judge:, Before JOLLY, HIGGINBOTHAM and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Mark A. Miller, Stephen A. Higginson, Asst. U.S. Atty., Sivashree Sundaram (argued), New Orleans, LA, for U.S.


• For Appellees:
  
• Catherine I. Chavarri (argued), Maria I. O'Bryne Stephenson, Stephenson, Matthews, Chavarri & Lambert, New Orleans, LA, for Defendant-Appellant.