IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 14-40645

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JOSEPH C.M. KRIST,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 2:13-CR-101-1

Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges.

PER CURIAM:*

Joseph C.M. Krist was convicted following a jury trial of bank robbery in 

violation of 18 U.S.C. § 2113(a) and brandishing a firearm in furtherance of a 

crime of violence in violation of 18 U.S.C. § 924(c)(1)(A). He maintains that the 

evidence was insufficient to support his convictions because the Government 

did not prove that he was the person who committed the offenses. Krist argues 

that the evidence presented was circumstantial only, and, without fingerprint 

* Pursuant to 5TH CIR. R. 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 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

March 31, 2015

Lyle W. Cayce

Clerk

 

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No. 14-40645

evidence establishing his involvement in the crimes, a reasonable juror could 

not have convicted him. Because he preserved his challenge to the sufficiency 

of the evidence, our review is de novo. See United States v. McDowell, 498 F.3d 

308, 312 (5th Cir. 2007).

When the evidence, and all reasonable inferences therefrom, are viewed

in the light most favorable to the prosecution, a rational jury could have found 

that there was ample evidence to support that Krist was the culprit and, thus, 

to sustain the verdict. See United States v. Vargas-Ocampo, 747 F.3d 299, 301 

(5th Cir.) (en banc), cert. denied, 135 S. Ct. 170 (2014); United States v. Lopez, 

74 F.3d 575, 577 (5th Cir. 1996). Krist admitted to law enforcement agents on 

two separate instances that he committed the offenses and, in his statements, 

provided details that supported that he committed the crimes. While he argues

that his admissions were false, he testified at trial that his confessions should 

be disregarded on this basis, and the jury, whose credibility determinations we 

accept, was entitled to reject his recantation and to believe his prior admissions

that he committed the offenses. See United States v. Montes, 602 F.3d 381, 388 

(5th Cir. 2010); Lopez, 74 F.3d at 577.

Further, the Government produced independent evidence that tended to 

establish the trustworthiness of the confessions and which corroborated that 

Krist committed the offenses. See United States v. Deville, 278 F.3d 500, 506 

(5th Cir. 2002); United States v. Garth, 773 F.2d 1469, 1479 (5th Cir. 1985). 

The content of Krist’s confessions was supported by images from surveillance 

cameras positioned near and within the bank on the day of the robbery and by 

eyewitness accounts provided by employees of the bank. Moreover, when Krist

was arrested, he was found with indicia of the robbery that matched the images 

from the surveillance cameras and the accounts of the employees and which 

verified the details of his confession; the agents found, inter alia, large amounts 

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No. 14-40645

of cash, a handgun that was similar to the firearm used in the robbery, clothing 

items that were identical to those worn by the robber, and a vehicle that was

similar to a car seen near the bank on the day of the robbery. 

While Krist suggests that this circumstantial evidence equally supported 

that he was innocent and, therefore, his convictions should not be affirmed, his 

assertion is without merit. He seemingly relies upon a standard, the “equipoise 

rule,” that this court has abandoned in evaluating sufficiency-of-the-evidence

claims. See Vargas-Ocampo, 747 F.3d at 301-02. Moreover, his contention that 

he could not be convicted without fingerprint evidence is unavailing because, 

contrary to his misconception that identity must be proved by direct evidence, 

we have held that identity may be proved through inference and circumstantial 

evidence. United States v. Guerrero, 169 F.3d 933, 941 (5th Cir. 1991). As 

detailed, the circumstantial evidence in this case was sufficient to prove that 

Krist was the culprit. 

Accordingly, the judgment of the district court is AFFIRMED.

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