United States v. Johnson

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT July 20, 2007
Charles R. Fulbruge III
Clerk
No. 07-30005
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KEVIN LEE JOHNSON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:06-CR-50005-2
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Before WIENER, GARZA, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Kevin Lee Johnson appeals his jury conviction and concurrent
300-month sentences for conspiracy to distribute cocaine base and
distribution of cocaine base. Johnson contends that the evidence
introduced at trial was insufficient to establish his guilt
beyond a reasonable doubt as to either count.
We review de novo the district court’s denial of a judgment
of acquittal and apply the same standard as in a general review
of the sufficiency of the evidence. See United States v. Payne,
99 F.3d 1273, 1278 (5th Cir. 1996). We must determine “whether
*
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this opinion should not be published and is not precedent except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. 07-30005
-2-
viewing the evidence and the inferences therefrom ‘in a light
most favorable to the jury’s guilty verdicts, a rational trier of
fact could have found [Johnson] guilty beyond a reasonable
doubt.’” Id. (citation omitted). “[A] guilty verdict may be
supported only by the uncorroborated testimony of a
coconspirator, even if the witness is interested due to a plea
bargain of promise of leniency, unless the testimony is
incredible or insubstantial on its face.” Id. (citation
omitted).
The evidence established that Johnson conspired with Clinton
Kinsey to distribute crack cocaine to an undercover police
officer with the Bossier City Police Department. The evidence
proved Johnson’s knowledge of the offenses, his intent to
participate in the conspiracy, and that Johnson committed acts in
furtherance of the conspiracy. The evidence further proved that
Johnson distributed crack cocaine. Therefore, Johnson’s
insufficiency-of-the-evidence claim is unavailing. See id.The judgment of the district court is AFFIRMED.