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

No. 12-51128 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee

v. BLANCA JOSEFINA RONQUILLO-CORRALES, Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 7:12-CR-149-2

Before HIGGINBOTHAM, DENNIS, and GRAVES, Circuit Judges. PER CURIAM: * Blanca J osefina Ronquillo-Corrales was convicted by a j u ry of three counts of a iding and abet t i ng th e u nauthorized access of a protected computer in furtherance of fraud in violation o f 1 8 U

. S

. C

. § 1 030(a)(4). She w as s entenced to 11 months of imprisonment and three yea r s o f supervised release, and she

was ordered to pay restitution in the amount of $37,763.67. Ronquillo-Corrales argues that the district c ourt erred in denying her motio n f or judgment of acquittal p ursuant to Federal Rule of Criminal Procedure 29 because the 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 October 30, 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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evidence was i n s ufficient t o support h er c onviction. She contends that the record is full of references that she had no knowled g e o f what h er co-defendant Jose Maria Delbosque was doing. At the close of t h e G overnment’s case, Ronquillo-Corrales moved for a judgment of acquittal, which the district court d e nied. She did not introduce any evidence or call any witnesses. T hus, the issue of sufficiency of the evidence is preserved for appellate review. See United States v. DeLeon , 247 F.3d 593, 596 n.1 (5th Cir. 2001). We will uphold the jury’s verdict i f a reasonable trier of fact could conclude from the evidence that the elements o f t h e o ffense were established beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319 (1979). The evidence, both direct and circumstantial, is viewed “in the l ight most favorab l e to the jury verdict,” and “[a]ll credibility determinations and reasonable inferences are to be resolved in favor of the verdict.” United States

v. Resio-Trejo , 45 F .3d 907, 910-1 1 ( 5 t h Cir. 1995). The credibility of the witnesses and the weight of the evidence is exclusively for the jury t o decide, not for this court on review. United States v . G a r c i a , 9 95 F.2d 556, 561 (5th Cir. 1993). Ronquillo-Corrales w a s c h ar ged with and the jury f ound her guilty of three counts of aiding and abetting the unauthorized access of a protected computer for fraudulent purposes p ursuant to § 1030(a)(4). In order to prove an individual guilty of aiding and abetting, the prosecution must p rove (1) that the elements of the substantive o f

f e n s e occurred; ( 2) that the defendant associated with the criminal venture; (3) t h a t the defendant purposefully participated in the criminal venture; a nd ( 4) that the defendant sought by her a ctions to make the criminal venture successful. U nited States v. Moore , 708 F.3d 639, 6 49 (5th Cir. 2013). “[I]t i s not necessary to prove the d efendant h ad knowledge of the particula r m e a ns by which the p rincipal in the crime would carry out the criminal activity.” United States v. W estbo , 746 F.2d 1022, 1025 (5th C ir. 1984). For the association element, the p rosecution must show that Ronquillo-Corrales
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shared i n the p rincipal’s criminal intent. United S tates v. Percel , 553 F.3d 903, 911 (5th Cir. 2008). Ronquillo-Corrales does not c hallenge the sufficiency of the evidence that the substantive offense occurred, nor h er participation in it. She challenges the sufficiency of the evidence showing that she had knowledge that what Delbosque was doing was criminal. Despite D elbosque’s testimony attempting to suggest t h at RonquilloCorrales was not fully aware of w hat he was doing, the jury w a s f ree t o reject this testimony as not credible in light of th e other evidence in the record showing that Ronquillo-Corrales w a s a ware of the criminal nature of his activities. By her own admission to Sergeant Byrne, Ronquillo-Corrales admitted that once she overheard Delbosque’s c onversations with customers, s h e figured out that he was engaged in c riminal activity. Delbosque’s letter to his attorney, i n which he stated that “ she had given way too much information f r o m one of her interviews with these idiots” confirms that Delbosque was less than truthful in his attempt to avoid “implicating [his] co-defendant.” Delbosque testified that “[Ronquillo-Corrales] understood that I went out and had my k ey and I turned the switch and I had people come in and, y ou know, fill u p. And I would give her, you know, prices, gallons. She understood that.” When discussing their contact with Scott T aylor on January 3, 2011, when Taylor chased their vehicle at high speed, Delbosque said that Ronquillo-Corral e s was “ scared out of her mind” and “wanted to stop doing what [they] were doing.” T his e v i d ence supports the jury’s inference that Ronquillo-Corrales was aware o f the c riminal nature of Delbosque’s activities. The prosecution corroborated Ronquillo-Corrales’s admission of conscious association with circumstantial evidence from which the jury c ould reasonably infer that she knowingly associated with the criminal venture. T he G overnment presented evidence that Ronquillo-Corrales was present f or the three thefts by Delbosque’s testimony, Ronquillo-Cor rales’s cell phone records, and video surveillance showing that Ro n qu ill o - C o rr al e s w a s at th e s c e ne. The G overnment
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presented Ronquillo-Corrales’s hand written notes calcu l ati n g a n d r e cording the amount o f money that each customer o wed. Sgt. Byrne testified that RonquilloCorrales was able t o identify the phone numbers of customers and the tools that Delbosque used to break i nto the FMU fuel pumps. Such specifi c k n o wledge concerning Delbosque’s operation further supports the jury’s inference that Ronquillo-Corrales knowingly took action t o f urther Delbosque’s c riminal scheme. The evi d e n c e w a s sufficient to allow the jury to conclude b eyond a reasonable doubt that Ronquillo-Corrales was guilty of aiding and abetting the unauthorized access of a protected computer in furtheran c e of fraud. See Jackson, 443 U.S. at 319. AFFIRMED.

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