United States v. Allen ( 1997 )

UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_______________________
No. 96-20470
_______________________
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ROYAL DEANDRE ALLEN,
Defendant - Appellant.
_________________________________________________________________
Appeal from the United States District Court
for the Southern District of Texas
Houston Division
(CR-H-95-264-1)
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August 8, 1997
Before JONES, EMILIO M. GARZA, and PARKER, Circuit Judges,
PER CURIAM:*
Royal Deandre Allen was convicted by a jury of conspiracy
to possess with intent to distribute cocaine base from May 27,
1995, to July 8, 1995, possession with intent to distribute cocaine
base on July 7 and 8, 1995, and being a felon in possession of a
firearm in violation of 18 U.S.C. § 922(g)(1). The district court
granted Allen’s post-verdict motion for a judgment of acquittal on
*
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this opinion should not be published and is not precedent except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.
the firearm charge. Allen was sentenced to life imprisonment on
both drug counts.
On appeal, Allen argues that the district court erred in
permitting Officer Steven Kwiatkoski’s “purely speculative”
testimony about government’s exhibit 14(C), which is a photograph
showing Allen counting money while standing in a kitchen where a
pot sits on a stove. Allen also argues that the prosecutor’s
inflammatory references in closing remarks to community sentiment
about drugs and the perils of the next generation deprived him of
his right to a fair trial.
After hearing oral argument, reviewing the briefs, the
authorities cited therein and the record, we find no reversible
error. Thus, we AFFIRM the judgment of the district court.
AFFIRMED.