United States Court of Appeals

for the Fifth Circuit ____________

No. 22-40534

Summary Calendar

____________

United States of America, 

Plaintiff—Appellee, 

versus

Juan Victor Larraga Solano, 

Defendant—Appellant. 

______________________________

Appeal from the United States District Court 

for the Southern District of Texas

USDC No. 5:20-CR-1134-1 

______________________________

Before Jones, Haynes, and Oldham, Circuit Judges. 

Per Curiam:*

Juan Victor Larraga Solano was convicted, following a jury trial, of one 

count of conspiracy to import 50 grams or more methamphetamine, in 

violation of 21 U.S.C. §§ 963, 952(a), 960(a)(1) and (b)(1)(H), and one count 

of importation of 50 grams or more of methamphetamine, in violation of 

_____________________

* Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited 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 Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

April 3, 2023

Lyle W. Cayce

Clerk

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§§ 952(a), 960(a)(1) and (b)(1)(H) and 18 U.S.C. § 2. On appeal, he 

challenges the sufficiency of the evidence to support his conviction. For the 

reasons stated below, we AFFIRM.

Because Larraga Solano moved for a judgment of acquittal at the close 

of the Government’s case but did not renew his Federal Rule of Criminal 

Procedure 29 motion at the close of all of the evidence, this court applies 

plain error review. See United States v. Cabello, 33 F.4th 281, 285 (5th Cir. 

2022); United States v. Oti, 872 F.3d 678, 686 (5th Cir. 2017). Thus, he must 

show that “the record is devoid of evidence pointing to guilt or that the 

evidence is so tenuous that a conviction is shocking.” Cabello, 33 F.4th at 

288 (internal quotation marks, citation, and brackets omitted). Relief is 

appropriate under this standard only if the Government’s evidence is 

“obviously insufficient and the defendant shows a manifest miscarriage of 

justice.” United States v. Suarez, 879 F.3d 626, 631 (5th Cir. 2018) (internal 

quotation marks and citation omitted). 

In order to prove conspiracy to import methamphetamine, the 

Government was required to establish that: (1) a defendant agreed to import 

drugs and (2) knowingly and voluntarily participated in the agreement. 

United States v. Zamora-Salazar, 860 F.3d 826, 832 (5th Cir. 2017). To prove 

importation of methamphetamine, the Government had to establish that the 

defendant: (1) played a role in bringing a controlled substance into the United 

States from outside of the country; (2) knew the substance was controlled; 

and (3) knew the substance would enter the United States. Id.

Larraga Solano does not dispute the existence of a conspiracy or that 

the importation of methamphetamine occurred; instead, he challenges only 

the mens rea element, arguing that the Government did not establish proof 

that he had knowledge of the methamphetamine hidden in items in the trunk 

of his vehicle. Any element of conspiracy to import drugs may be inferred 

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from circumstantial evidence. Id. The necessary knowledge and intent to 

prove importation of a controlled substance can also be proven by 

circumstantial evidence. United States v. Lopez-Monzon, 850 F.3d 202, 206 

(5th Cir. 2017). Exercise of control over a vehicle where an illegal substance 

is concealed creates an inference of knowledge of its presence, but where 

drugs are concealed in a hidden compartment, “circumstantial evidence that 

is suspicious in nature or demonstrates guilty knowledge” is also required. 

Id. (internal quotation marks and citation omitted).

A review of the record reveals that there was sufficient circumstantial 

evidence presented at trial for a reasonable jury to infer Larraga Solano’s 

knowledge of the concealed methamphetamine. See Cabello, 33 F.4th at 285. 

Border agents testified that Larraga Solano appeared nervous. He gave an 

implausible story, stating that he asked a colleague to check the car he was 

driving with a canine in advance but then failed to inspect any of the actual 

items placed in the trunk before leaving for the United States. It was 

implausible that he was traveling 750 miles across an international border to 

transport food items, including meat in ice chests and other items available 

in the United States, and to spend 40 minutes in two clothing stores. See 

Lopez-Monzon, 850 F.3d at 206-08. There were also inconsistencies in his 

stories, including stops he was making during his trip and whether his car was 

rented or loaned. See id. at 206-07.

Moreover, a jury may infer guilty knowledge when the illicit cargo is 

valuable enough that it is not rational to believe that it would be entrusted to 

an unknowing party. See United States v. Del Aguila-Reyes, 722 F.2d 155, 157 

(5th Cir. 1983); see also Lopez-Monzon, 850 F.3d at 208 (stating that the value 

of the drug being transported is an example of circumstantial evidence that 

may be probative of knowledge). Here, 44.56 kilograms of 

methamphetamine valued between $200,000 and $1.12 million were 

concealed within items in the trunk of the vehicle Larraga Solano was driving. 

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Along with his demeanor during the investigation and the implausibility of 

and inconsistencies in his story, this quantity of concealed drugs provided 

sufficient evidence for the jury to find Larraga Solano guilty of conspiracy to 

import methamphetamine and importation of methamphetamine. See LopezMonzon, 850 F.3d at 206-08. Accordingly, Larraga Solano has not shown that 

the record is devoid of evidence supporting his guilt or that the result 

constitutes a miscarriage of justice. See Cabello, 33 F.4th at 288; Suarez, 

879 F.3d at 631.

The district court’s judgment is AFFIRMED.

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