### IN THE UNI TED STATES COURT OFAPPEALS FOR THE FIF TH CIRCUIT

No. 11-40597 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff - Appellee

v. LORENZO HERRERA-ISIDORO, also known as Juan Perea-Valdez, Defendant - Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:10-CR-74-1

Before BARKSDALE, STEWART, and PRADO, Circuit Judges. PER CURIAM: * Lorenzo Herrera-Isidoro pleaded guilty to illegal reentry after removal, in violation of 8 U.S.C. §§ 1326(a)-(b). On the other hand, he challenges his jurytrial convictions for conspiracy to transport and harbor aliens and transporting and harboring an alien and placing the life of another in danger, in violation of 8 U.S.C. §§ 1324(a)(1)(ii), ( a)(1)(A)(iii), (a)(1)(A)(v)(I), (a)(1)(v)(II), and (a)(1)(B)(iii). U n i te d S ta te s C o u rt o f A p p ea l s F i ft h C i rc u i t 

### F I L E D April 12 , 20 12 Lyle W . Cayce Clerk

Purs uant to 5 TH C IR

. R. 47.5 , the court hasd ete rm inedthat thisop inion sho uld not * be publish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t forth in 5 TH C IR

. R. 47.5 .4. Case: 11-40597 Document: 00511819685 Page: 1 Date Filed: 04/12/2012No. 11-40597

Herrera contends there was insufficient evidence for the c onvictions. Herrera’s having preserved this issue by a motion for judgment of acquittal at trial, review is de novo . E.g. , United States v. Bennett , 664 F.3d 997, 1011 (5th Cir. 2011). Our court will affirm “if a reasonable trier of fact could conclude from the evidence that th e e lements of the offense were established beyond a reasonable doubt”. Id. (internal quotation marks omitted). We do “not evaluate the weight of the evidence or the credibility o f th e witnesses, but view the evidence in the light most favorable to the v e r dict, drawing all reasonable inferences to support the verdict”. Id. Review of the sufficiency of the evidence is the same for circumstantial evidence as it is for direct evidence. United States v. Ibarra-Zelaya , 465 F.3d 596, 602 (5th Cir. 200 6). C ircumstantial evidence adduced at trial, viewed in the light m o s t favorable to th e v erdict, was sufficient for a reasonable juror to find Herrera guilty. Id

. Trial testimony established: Herrera and “Javier” were involved in

an ongoing alien smuggling operation using a “stash house”; they arranged for the purchase of the pickup used to transport the illegal aliens on 4 August 2009; and one of the ali e n s wh o m they transported needed medical attention and another died. Further, testimony placed Herrera at the scene when law enforcement witnessed aliens fleeing from the pickup truck and his fingerprint

on the right passenger seatbelt linked him to the vehicle. Herrera’s contention that the Government’s wit n e s ses were not credible is unavailing

. See , e.g. , United States v. Thompson , 647 F.3d 180, 183 (5th Cir

. 2011) (credibility determinations resolved in favor of verdict). Herrera also contends the district court erred when it denied his motion for a new trial because the jury foreperso n all e g e dly had a personal grudge against one of his lawyers. Review is for abuse of discretion. E.g. , United States

v. Thomas , 627 F.3d 146, 161 (5th Cir. 2010), cert. denied , 131 S. Ct. 2470 (2011). The forepe r s o n testified at the evidentiary hearing on Herrera’s motion that: during voir dire she did not answer untruthfully; s h e di d not know the lawyer
2 Case: 11-40597 Document: 00511819685 Page: 2 Date Filed: 04/12/2012No. 11-40597

before the trial began; a n d s h e w a s unaware that he had created a video opposing her mother’s candidacy for local public office on behalf of her mother’s opponent. The district court did not abuse its discretion. See id. at 160-61. AFFIRMED.

3 Case: 11-40597 Document: 00511819685 Page: 3 Date Filed: 04/12/2012