United States v. Brown

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 18, 2002
• Docket: 01-40739
• Status: Unpublished

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-40739 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

WILBERT JOSEPH BROWN, JR.,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:00-CR-148-ALL -------------------- February 15, 2002 Before DAVIS, BENAVIDES and CLEMENT, Circuit Judges.

PER CURIAM:*

Wilbert Joseph Brown, Jr., appeals his conviction for

possession with intent to distribute over 50 grams of crack

cocaine. He contends that the district court abused its discretion

in dismissing a juror for cause. Upon review of the record, we

find no such abuse. See United States v. Gonzalez-Balderas, 11

F.3d 1218, 1222 (5th Cir. 1994).

Brown also asserts that the evidence was insufficient to

support his conviction. We hold that the evidence was sufficient

for a rational trier of fact to find the essential elements of the

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 01-40739 -2-

offense beyond a reasonable doubt. See United States v.

Romero-Cruz, 201 F.3d 374, 378 (5th Cir. 2000). Rochelle Brown’s

testimony was not incredible as a matter of law. See United States

v. Freeman, 77 F.3d 812, 816 (5th Cir. 1996). There was

substantial evidence upon which a rational jury could find that

Brown exercised dominion and control over the residence in which

the narcotics were found and that he had knowledge and access to

the drugs. See United States v. Mergerson, 4 F.3d 337, 349 (5th

Cir. 1993). Consequently, Brown’s conviction is AFFIRMED.