United States v. Wade ( 1999 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-10128
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HORACE T. WADE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:98-CR-283-2-D
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November 10, 1999
Before KING, Chief Judge, and DAVIS and BENAVIDES, Circuit
Judges.
PER CURIAM:*
Horace T. Wade was convicted of one count of conspiracy to
defraud the United States, two counts of aiding and abetting
possession of stolen mail, and one count of possession of
unauthorized access devices. On appeal, he argues that the trial
court abused its discretion in admitting the statements of his
coconspirator under FED. R. EVID. 801(d)(2)(E) and that the
evidence was insufficient to uphold his conspiracy conviction.
*
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that this opinion should not be published and is not precedent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. 99-10128
-2-
We have reviewed the briefs and the record and hold that the
district court did not abuse its discretion in admitting the
challenged evidence. See United States v. Clements, 73 F.3d
1330, 1334 (5th Cir. 1996); Bourjaily v. United States, 483 U.S.
171, 176 (1987); United States v. Triplett, 922 F.2d 1174, 1181
(5th Cir. 1991). As to Wade’s challenge to the sufficiency of
the evidence, we hold that the evidence was sufficient to permit
a rational trier of fact to find the essential elements of the
offense beyond a reasonable doubt. See United States v. Bell,
678 F.2d 547, 549 (5th Cir. 1982)(en banc).
AFFIRMED.