United States v. Mahdi Hakim, Also Known as Damon Hargrove

491 F.3d 843, 2007 U.S. App. LEXIS 14700, 2007 WL 1774615
Court of Appeals for the Eighth Circuit·Decided June 21, 2007·No. 06-3847·Published·Cited by 18 cases

Opinion

WOLLMAN, Circuit Judge.

Mahdi Hakim was convicted of conspiring to possess with the intent to distribute over 50 grams of crack cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and 846, and received the statutory minimum sentence of life imprisonment. Hakim appeals from his conviction, arguing that the district judge 1 erred by denying his motion for judgment of acquittal based on the sufficiency of the evidence. We affirm.

I. Background

We state the facts in the light most favorable to the jury’s verdict. This case originated in a drug-related investigation and arrest of one of Hakim’s childhood acquaintances, Ronnie Shaw, who was arrested after attempting to sell crack cocaine to a police informant. Following his arrest, and to secure a lighter sentence, Shaw provided information and testimony implicating Hakim in a drug conspiracy.

At Hakim’s trial, in which Shaw was the central government witness, Shaw testified to the following facts based on his experiences and conversations with Hakim. Although Hakim was living in Kansas City in early 2004, he had been “dealing [crack cocaine] with” Shaw’s aunt, Frieda Brown, in Sioux Falls. Hakim’s supplier was in Kansas City. Brown had recently “crossed” Hakim, however, and so Hakim needed someone in Sioux Falls who could help him expand his drug business. Hak-im traveled to Sioux Falls in April of 2004 and contacted Shaw with the hope of recruiting him because Shaw was a twenty-year resident of the city who “knew people.” The two men did not initially reach an agreement, but on the following day Hakim fronted Shaw a quarter ounce of *845 cocaine to sell. Within a week, Shaw sold the quarter ounce and paid Hakim, after which Hakim fronted Shaw an additional ounce of cocaine, which Shaw also agreed to sell. After selling the crack, Shaw wired Hakim his agreed upon share of the proceeds ($2,300) via Western Union on May 10, 2004. 2

On May 16, 2004, Hakim and Shaw were driving together when they were pulled over for an equipment violation. The officer found marijuana and charged Hakim with a minor marijuana offense that required his presence in court on May 27, 2004. Hakim traveled back to Kansas City during the interim period. After Shaw wired him additional money, Hakim brought additional crack cocaine with him when he returned for his court appearance.

Near the end of the conspiracy, the two unsuccessfully attempted to obtain crack cocaine from a source closer to Sioux Falls. They then traveled together to Kansas City and purchased four and one-half ounces of powder cocaine, brought it back to Sioux Falls, and converted it into crack. 3 Shaw received an ounce of crack in return for a $500 contribution toward the powder cocaine purchase, and Hakim kept the remainder. Hakim resided in Shaw’s apartment while the pair resumed selling crack. After two or three days, Hakim returned to Kansas City for a family emergency, taking with him some of his cocaine and leaving behind the remainder, which law enforcement found when they arrested Shaw. All told, Hakim fronted crack cocaine to Shaw approximately six times, usually in one-ounce increments.

The government additionally presented phone records indicating not only that Shaw had Hakim’s number programmed into his primary cell phone, but also that there had been 121 telephone contacts between the two men during the dates of the alleged conspiracy.

II.

We review the sufficiency of the evidence de novo, “viewing evidence in the light most favorable to the government, resolving conflicts in the government’s favor, and accepting all reasonable inferences that support the verdict.” United States v. Washington, 318 F.3d 845, 852 (8th Cir.2003) (citation omitted). The standard of review is strict. We will uphold the verdict “if there is any interpretation of the evidence that could lead a reasonable-minded jury to find the defendant guilty beyond a reasonable doubt.” United States v. Hamilton, 332 F.3d 1144, 1149 (8th Cir.2003) (citing United States v. Gillings, 156 F.3d 857, 860 (8th Cir.1998)); see also Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

Hakim argues that Shaw’s testimony is incredible and should not be believed, especially in light of Shaw’s motivation to give false testimony and Hakim’s own testimony that provided what he contends to be the real reasons for his visits to Sioux Falls, his phone conversations with Shaw, and the money transfers. His argument must fail. “The test for rejecting evidence as incredible is extraordinarily stringent and is often said to bar reliance only on testimony asserting facts that are physically impossible.” United States v. Crenshaw, 359 F.3d 977, 988 (8th *846 Cir.2004); see also United States v. Lanier, 578 F.2d 1246, 1251 (8th Cir.1978) (“Appellate review of credibility is prohibited absent extraordinary circumstances.” (citation omitted)). There is nothing so incredible about Shaw’s testimony to warrant its rejection as a matter of law.

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United States v. Mahdi Hakim, Also Known as Damon Hargrove, 491 F.3d 843, 2007 U.S. App. LEXIS 14700, 2007 WL 1774615 (8th Cir. 2007).

491 F.3d 843 (United States v. Mahdi Hakim, Also Known as Damon Hargrove) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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