### I N THE UNI TED STATES COURT OF APPEALS FOR THE FI F TH CI RCUI T

No. 12-41093 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee

v. ALAN ADOLFO RIOS-MORALES, Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:12-CR-312-1

Before REAVLEY, JONES, and PRADO, Circuit Judges. PER CURIAM: * Alan Adolfo Rios-Morales appeals his jury conviction o f one count of conspiracy to possess with int e n t t o distribute more than five kilograms of cocai n e a nd one count of possessing with intent t o distribute more than five kilograms of cocaine, in vi olation of 18 U.S.C. §§ 841(a)(1), (b)(1)(A), 846. RiosMorales argues that t he evidence was insufficient to support his conviction of both counts. For the following reasons, we affirm. U n i t e d S t a te s C o u rt o f A p p e al s F i f t h C i rc u i t 

### F I L E D Septem ber 13, 2013 Ly l e W . Cay ce Clerk

* Purs uant to 5 T H C I R

. R

. 47. 5, the court has d eterm ined that this op inion should not be p ublis hed and is not p reced ent excep t und er the lim ited circum s tances s et forth in 5 T H C I R

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When reviewing a preserved s ufficiency claim, we decide “ whether, viewing a ll the evidence in the light most f avorable to the verdict, a rational trier of fact could have found that the evidence established the essential elements of the offense beyond a reaso n able d oubt.” United States v. Villarreal , 324 F.3d 319, 322 (5th Cir. 2003) “All reasonable inferences must be d r a w n , a nd all credibility determinations made, in the light most f avorable to the verdict.” I d. To establish a conspiracy under § 846, the Government must prove that: (1) an agreement e xisted between t w o o r m ore persons to violate federal narcotics law; ( 2) the defendant knew of the existen c e o f t h e agreement; and (3) the defendant v o luntarily participated in the conspiracy. U nited States v. Thoma s , 690 F.3d 358, 366 (5th Cir. 2012). Rios-Morales argues that the evidence was i nsufficient to p rove his k nowing and voluntary participation in a conspiracy. A search of the car Rios-Morales was driving revealed more than 15 kilograms of cocaine worth in excess of $1 million, which supports an inference of knowledge. See Villareal , 324 F.3d at 3 2 4 ; s e e a lso United States v. Ochoa , 667 F.3d 643, 648 (5th Cir. 2 012) (noting that knowledge of a conspiracy may be inferred from the amount of drugs). In addition, Rios-Morales gave inconsistent statements t o officers regarding his activities and his o wnership of the vehicle. He t old officers a t the Pharr point of entry that he plan n e d o n t r aveling to McAllen, just 10 m iles from the border, to shop. H owever, after leaving Pharr, he traveled to the Falfurrias checkpoint–some fifty m i l e s n orth of the b o r d e r

–w here he c laimed to b e going to San Marcos to shop. He al s o

a l t e r n atively claimed t o agents that he purchased the Mercedes; that it was a

co m pany car; and that another person m ade arrangements to purchase the vehicle. Ho w e ver, the c ar registration was in Rios-Morales’s name. These inconsistent statements are further e vid e n c e of guilty knowledge. See United States v. Casilla , 20 F.3d 6 00, 606 (5th Cir. 1994). In light o f the foregoing, the evidence supports the verdict on the conspiracy count.
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The offense of possession with intent to distribute requi r e s p r o of of (1) possession, (2) knowledge , a n d (3) intent to distribute. United States v. Vasquez , 677 F.3d 685, 694 (5th Cir. 2012). Although a jury ordinarily m ay infer that a defendant has knowledge o f the presence o f d r u g s in a vehicle from his control over the vehicle, when the contraband is hidden, as in thi s case, this court requires additional circumstantial evidence that is suspicious in nature or demonstrates guilty knowledge. V illareal , 324 F.3d at 3 24. Rios-Morales asserts that there i s insufficient evidence of his knowing possession of the hidden cocaine. As with the conspiracy count, the value of the drugs and the inconsistent statements support an inference that Rios-Moral e s k new of the cocaine’s
presence in the car. See V illareal , 324 F.3d at 3 24-25. In a ddition, Rios-Morales

was visibly nervous when questioned at the Pharr port of entry on March 31 and following his arrest. Although nervousness can be a normal rea c tion to those circumstances, it may also support an inference of guilty knowledge when viewed i n context with o ther evidence suggesting it d erived from consciousness of c riminal behavior. United States v. Diaz-Carreon , 915 F.2d 951, 954 (5th Cir. 1990). Viewing the evidence in the l i gh t m o s t favorable to the v erdict, we conclude that a rational tr i er of fact c ould have found that the evidence established the offense elements b e y ond a reasonable doubt. Accordingly, the judgment is AFFIRMED.

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