United States v. Cosby

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v. No. 96-4709
SHARMAYNE COSBY,
Defendant-Appellant.
Appeal from the United States District Court
for the Eastern District of Virginia, at Alexandria.
Claude M. Hilton, District Judge.
(CR-96-87-A)
Submitted: June 19, 1997
Decided: July 7, 1997
Before WILKINS and MICHAEL, Circuit Judges, and BUTZNER,
Senior Circuit Judge.
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Affirmed by unpublished per curiam opinion.
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COUNSEL
Frank G. Aschmann, ASCHMANN & ASCHMANN, Alexandria,
Virginia, for Appellant. Helen F. Fahey, United States Attorney, Gary
E. Jackson, Special Assistant United States Attorney, Alexandria, Vir-
ginia, for Appellee.
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Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
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OPINION
PER CURIAM:
Sharmayne Cosby was convicted by a jury of possession with
intent to distribute "crack" cocaine, under 21 U.S.C. §§ 841(a)(1),
(b)(1)(C) (1994), and introduction of "crack" cocaine into and upon
the grounds of a penal institution, under D.C. Code Ann. § 22-2603(1996). On appeal, she alleges there was insufficient evidence to sup-
port her convictions. For the reasons that follow, we affirm.
Evidence is sufficient to support a conviction so long as, "viewing
the evidence in the light most favorable to the prosecution, any ratio-
nal trier of fact could have found the essential elements of the crime
beyond a reasonable doubt." Jackson v. Virginia, 443 U.S. 307, 319
(1979). An appellate court does not review the jury's decision on the
credibility of witnesses. See United States v. Saunders, 886 F.2d 56,
60 (4th Cir. 1989).
At trial it was uncontested that Cosby, while a visitor at the Lorton
reformatory, was found to possess approximately .74 grams of crack
cocaine contained in a plastic ziplock bag located in the inner or
watch pocket of her pants. Expert testimony revealed that persons
attempting to distribute drugs in prison often hide the drugs in their
clothes (as opposed to body cavities), so they may allege they were
unaware of the drugs' presence (if they are caught), that drug amounts
distributed in prison are often small, and that visitors may distribute
drugs to inmates because Lorton allows contact visits.
Cosby's sole issue on appeal is that the Government failed to show
that she "knowingly or intentionally" possessed the crack cocaine
found in her pants because, she alleges, she was unaware of the drug's
presence.* Cosby testified that the crack found on her person must
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*Cosby stipulated at trial that the substance found was crack cocaine,
that the cocaine was found upon the grounds of a penal institution of the
District of Columbia, and that she was not authorized to carry such con-
traband.
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have belonged to her niece, a crack user, who had previously bor-
rowed her pants. Testimony revealed, however, that her niece had
borrowed the pants approximately one month prior to the day Cosby
wore them to Lorton, that her niece was at least three inches shorter
and approximately forty pounds lighter than Cosby, and that when
Cosby was caught with the crack she told police that the pants
belonged to her sister--she did not mention her niece at all. Based
upon these facts, we find that any rational trier of fact could have
found that Cosby knowingly possessed the crack cocaine found on her
person that day. See Jackson, 443 U.S. at 319. Although not specifi-
cally raised on appeal, we also find that the evidence was sufficient
to support her conviction under D.C. Code Ann. § 22-2603. See
United States v. Nelson, 6 F.3d 1049, 1053 (4th Cir. 1993). Thus, we
affirm both convictions.
We dispense with oral argument because the facts and legal conten-
tions are adequately presented in the materials before the court and
argument would not aid the decisional process.
AFFIRMED
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