United States v. Martin

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-31312 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

KENNETH JAMES MARTIN,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Louisiana USDC No. 98-CR-60010-All -------------------- December 6, 1999

Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.

PER CURIAM:*

Kenneth James Martin appeals his conviction for possession

with the intent to distribute cocaine. He argues that the

evidence was insufficient to prove that he had possession of the

cocaine. The evidence included the testimony of the cooperating

individual who supplied the cocaine, the two officers who

glimpsed Martin holding a white object, the testimony of the

officer who overheard Martin instructing the cooperating

individual to throw him the cocaine, and the slow-motion playback

of the video recording of the outside of the motel. From this

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 98-31312 -2-

evidence, a reasonable juror could find beyond a reasonable doubt

that Martin possessed the cocaine. See United States v. Ramirez,

963 F.2d 693, 701-02 (5th Cir. 1992).

AFFIRMED.