### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 18

- 40327 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v. OSBALDO NAVARRO , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:13

- CR

- 989

- 1

Before BENAVIDES, HIGGINSON, and ENGELHARDT, Circuit Judges. PER CURIAM: * Osbaldo Navarro appeals his sentence upon the revocation of his term of supervised release imposed following his conviction for conspiring to transport aliens and two counts of transporting aliens

. The only question in dispute by both parties on appeal is whether the district court erred in finding that Navarro committed a “Grade A” violation by possessing controlled substances

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED December 20, 2018 Lyle W. Cayce Clerk Case: 18-40327 Document: 00514769032 Page: 1 Date Filed: 12/20/2018No. 18

- 40327

2 with the intent to distribute them

. See U.S.S.G. § 7B1.1(a)(1), comment. (n.3); U.S.S.G. § 4B1.2(b). Navarro concedes that, in the absence of an objection i n the district court, plain error review applies. See United States v. Davis , 602 F.3d 643, 646

- 47 (5th Cir. 2010)

. A district court may revoke a term of supervised release upon a finding, by a preponderance of the evidence, that the defendant violated a condition of supervised release. See 18 U.S.C. § 3583(e)(3); United States v. Hinson , 429 F.3d 114, 118

- 19 (5th Cir. 2005). When the sufficiency of the evidence in a revocation hearing is challenged on appeal, this court must “ view the evidence and all reasonable inferences that may b e drawn from the evidence in a light most favorable to the government .” United States v. Alaniz

Alaniz , 38 F.3d 788, 792 (5th Cir. 1994) (internal quotation marks and citation omitted)

. The evidence is sufficient if a reasonable trier of fact could have reached the district court’s conclusion. Id

. Law enforcement officers received a tip from a reliable confidential informant that Navarro would be delivering narcotics . As a result of this ti p, Navarro was found in possession of a total of about 8 g rams of cocaine and about 4 grams of heroin, several cell phones, and approximately $612 in cash. Based upon the quantity of controlled substances , combined with the presence of a large quantity of cash and the confidential informant tip, it is reasonable to infer that, more likely than not , Navarro possessed the drugs with the intent to distribute. See United States v. Munoz , 957 F. 2 d 171, 174 (5th Cir. 1992) ; Alaniz

- Alaniz , 38 F.3d at 792

. Thus, considering the evidence in the light most favorable to the government, the re is sufficient evidence for a reasonable trier of fact to have found by a preponderance of the evidence that Navarro ’s conduct amounted to a Grade A violation. Alaniz

- Alaniz , 38 F.3d at 792. As such, the Case: 18-40327 Document: 00514769032 Page: 2 Date Filed: 12/20/2018No. 18

- 40327

3 district court did not err in applying the Grade A violation policy statement sentencing range. See Puckett v. United States , 556 U.S. 129, 135 (2009). The district court’s judgment is AFFIRMED. Case: 18-40327 Document: 00514769032 Page: 3 Date Filed: 12/20/2018