Case: 18-50402 Document: 00514988291 Page: 1 Date Filed: 06/07/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 18-50402 June 7, 2019 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk Plaintiff - Appellee v. FELIPE VINAGRE-HERNANDEZ, Defendant - Appellant Appeal from the United States District Court for the Western District of Texas Before JOLLY, COSTA, and ENGELHARDT, Circuit Judges. KURT D. ENGELHARDT, Circuit Judge: Felipe Vinagre-Hernandez appeals his guilty verdict and sentence for aiding and abetting the possession of marijuana in the amount of more than 100 kilograms but less than 1,000 kilograms, with intent to distribute. He challenges the sufficiency of the evidence and the application of the Speedy Trial Act. I. A border patrol agent, observing the West Texas desert through an infrared device called a Recon 3, saw six individuals carrying backpacks that appeared to be over half their body size. The agent called for backup and was joined by another agent and his dog. The agents lost sight of the six figures for Case: 18-50402 Document: 00514988291 Page: 2 Date Filed: 06/07/2019 No. 18-50402 a time and went to look for them. When the agent and the dog arrived at the area where they had seen the six people, they found tracks, which they followed and came upon the group, who scattered as the agent and the dog approached. One member of the group, Sergio Reynoso-Montes (Reynoso), remained behind and was found with the backpacks, which were filled with bundles of marijuana, later determined to weigh 320.4 pounds (145 kilos). The “backpacks” were actually sugar sacks painted black to camouflage them. Additionally, the agent found small bags filled with personal items and supplies for the trip, known as “tricky bags.” When the group of five (excluding Reynoso) fled, they fanned out and the agents lost sight of them. Over the radio, it was heard that some of the group turned south. Several agents pursued the fleeing group with flashlights. One agent continued to watch through the Recon 3, eventually spotted one person approximately 300 yards from where the marijuana had been found and alerted the other agents. The agent with the dog found the lone person, Felipe Vinagre-Hernandez (Vinagre), who was crouched down and appeared to be trying to hide. He was located about a mile from where the marijuana was found and was not carrying a tricky bag. Reynoso testified to Vinagre’s involvement with the group of six. Reynoso said that a man named “Xochi” recruited him, bought him “fine line” boots, and brought him and several other men, including Vinagre, to San Antonio al Bravo. He claimed that he and Vinagre were both given bags to carry into the United States, although he also testified that he did not know that they were filled with marijuana. Reynoso testified that everyone was wearing the same type of “fine line” boots that “Xochi” had bought Reynoso. Both Reynoso and Vinagre were wearing fine line boots ...
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