United States Court of Appeals

for the Fifth Circuit

No. 20-40521

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Adam Rene Rodriguez, 

Defendant—Appellant.

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 4:19-CR-117-1

Before Wiener, Dennis, and Haynes, Circuit Judges.

Per Curiam:*

Defendant-Appellant Adam Rene Rodriguez appeals his conviction 

following a jury verdict and sentence for attempted enticement of a 14-yearold girl to engage in sexual activity. He contends that the evidence was 

insufficient to support his conviction because it did not establish that he 

* 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opinion should not be published and is not precedent except under the limited 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

August 2, 2021

Lyle W. Cayce

Clerk

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intended to entice a minor, as he believed he was communicating with an 

adult. Rodriguez preserved the issue for appellate review by moving for a 

judgment of acquittal at the close of the Government’s case and again at the

close of all evidence. See Fed. R. Crim. P. 29.

In reviewing a preserved challenge to the sufficiency of the evidence, 

we must determine whether, “after viewing the evidence and all reasonable 

inferences in the light most favorable to the [Government], any rational trier 

of fact could have found the essential elements of the crime beyond a 

reasonable doubt.” United States v. Vargas-Ocampo, 747 F.3d 299, 301 (5th 

Cir. 2014) (en banc) (citing Jackson v. Virginia, 443 U.S. 307, 319 (1979)).

Here, a government agent posed on Kik Messenger as a 14-year-old 

girl named “Becka.” Rodriguez initiated a conversation with her. Even after 

he was advised by Becka that she was only 14 years old, Rodriguez continued 

to send her sexually explicit messages, photos, videos, and memes. The two 

of them discussed Becka’s sexual experiences, potential meetings, and 

prospective sexual encounters. The messages also contained information 

indicating that Becka was a minor, including that she was a student and lived 

with her mother. Rodriguez was arrested when he went to an apartment 

complex to meet Becka.

True, Rodriguez testified that he thought Becka was an older woman 

fantasying as a 14-year-old girl, and Detective Rich confirmed that Becka’s 

account had been active for over six years. But there was other evidence 

indicating that Rodriguez thought that Becka was a minor, such as 

Rodriguez’s text to Becka that she was “underage” when he attempted to 

pick her up from an apartment complex. “The evidence need not exclude 

every reasonable hypothesis of innocence or be wholly inconsistent with 

every conclusion except that of guilt, and the jury is free to choose among 

reasonable constructions of the evidence.” United States v. Mitchell, 484 F.3d 

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762, 768 (5th Cir. 2007) (quoting United States v. Anderson, 174 F.3d 515, 522 

(5th Cir. 1999)).

On this record, a reasonable juror could conclude that Rodriguez

intended to entice a minor. See Vargas-Ocampo, 747 F.3d at 301–02. The 

district court did not err by denying Rodriguez’s motions for a judgment of 

acquittal.

AFFIRMED.

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