United States v. Bennett ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS May 23, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-11389
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CYNTHIA YVONNE BENNETT,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:02-CR-104-1-A
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Before REAVLEY, BARKSDALE and DeMOSS, Circuit Judges.
PER CURIAM:*
Cynthia Yvonne Bennett appeals her conviction and sentence
for possession with intent to distribute approximately 2,696.7
grams of cocaine, in violation of 21 U.S.C. § 841(a)(1),
(b)(1)(B). Bennett argues that the evidence was insufficient to
show that she knowingly and intentionally possessed the drugs.
She also argues that the district court erred in increasing her
offense level by two levels pursuant to U.S.S.G. § 3C1.1.
*
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that this opinion should not be published and is not precedent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. 02-11389
-2-
Because Bennett did not move for judgment of acquittal at
the close of the evidence, we review her challenge to the
sufficiency of the evidence for a manifest miscarriage of justice
and find none. See United States v. Johnson, 87 F.3d 133, 136
(5th Cir. 1996). The evidence supports Bennett’s conviction.
See United States v. Ramos-Garcia, 184 F.3d 463, 466 (5th Cir.
1999); United States v. Pineda-Ortuno, 952 F.2d 98, 102 (5th Cir.
1992).
The district court did not clearly err in determining that
Bennett had committed perjury at trial, thus warranting the
adjustment for obstruction of justice. See U.S.S.G. § 3C1.1;
United States v. Storm, 36 F.3d 1289, 1295 (5th Cir. 1994). This
determination did not impinge on Bennett’s right to defend
herself. See United States v. Laury, 985 F.2d 1293, 1309 n.21
(5th Cir. 1993).
AFFIRMED.