United States v. Scott ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-40272
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GLENN EARL SCOTT,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:96CR110-1
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November 16, 1998
Before DAVIS, DUHE’, and PARKER, Circuit Judges.
PER CURIAM:*
Glen Earl Scott appeals from his conviction by jury verdict
for two counts of possession with intent to distribute cocaine
base. Scott contends that the evidence was insufficient to
support his conviction. Because Scott moved for a judgment of
acquittal at the close of the Government’s evidence and in a
postverdict motion, we view all of the evidence and reasonable
inferences drawn therefrom in the light most favorable to the
Government and affirm the verdict only if a rational trier of
*
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that this opinion should not be published and is not precedent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. 98-40272
-2-
fact could have found the essential elements of the crime beyond
a reasonable doubt. United States v. Brown, 29 F.3d 953, 958
(5th Cir. 1994); see also United States v. Cheramie, 51 F.3d 538,
542 (5th Cir. 1995). The Government must prove three elements in
order to sustain a conviction for possession with intent to
distribute a controlled substance: (1) the defendant knowingly
(2) possessed the controlled substance (3) with the intent to
distribute. United States v. Lopez, 979 F.2d 1024, 1031 (5th
Cir. 1992).
Based on the substantial amount of testimonial evidence
indicating that Scott had actually dispensed a quantity of crack
cocaine to an undercover police officer on one occasion and had
possessed a pill bottle filled with approximately 25 rocks of
crack cocaine when arrested for public intoxication, a rational
jury could have found that Scott had knowingly possessed the
cocaine base with intent to distribute on both occasions.
AFFIRMED.