UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-4597
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DWUANE LEROY MCCLENDON,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Harrisonburg. Glen E. Conrad, District
Judge. (CR-04-70)
Submitted: June 14, 2006 Decided: July 3, 2006
Before WILKINSON, NIEMEYER, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Gary Lance Smith, Winchester, Virginia, for Appellant. Jean
Barrett Hudson, OFFICE OF THE UNTIED STATES ATTORNEY,
Charlottesville, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Dwuane Leroy McClendon appeals from his conviction and
120-month sentence imposed following the jury verdict finding him
guilty of conspiracy to distribute and possess with intent to
distribute crack cocaine. McClendon’s counsel filed a brief
pursuant to Anders v. California, 386 U.S. 738 (1967), stating that
there were no meritorious issues for appeal, but addressing whether
the evidence was sufficient to support McClendon’s conviction for
conspiracy to distribute and possess with intent to distribute in
excess of fifty grams of crack cocaine. McClendon was informed of
his right to file a pro se supplemental brief, but he has not done
so. Because our review of the record discloses no reversible
error, we affirm McClendon’s conviction and sentence.
McClendon concedes that he conspired to distribute
multiple ounce quantities of cocaine; however, he argues that he
did not conspire to distribute crack cocaine. Viewing the evidence
in the light most favorable to the government, see Glasser v.
United States, 315 U.S. 60, 80 (1942), we find that the evidence
was sufficient to support the jury’s determination that McClendon
was involved with at least fifty grams of crack. Specifically, the
evidence showed that, on two different occasions, McClendon sold to
Brian Forman one ounce of cocaine powder and cooked that cocaine
into crack. One ounce equals 28.35 grams. This testimony alone
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would support the jury’s finding that McClendon was involved in a
conspiracy to distribute at least fifty grams of crack cocaine.
Additionally, Forman testified that, over the term of his
involvement in the conspiracy, he obtained approximately thirty
ounces of cocaine powder from McClendon. After the initial two
purchases, Forman cooked the cocaine into crack himself, keeping
some for his own use and selling the rest. Forman testified that
McClendon knew that he was selling the cocaine in crack form--both
because Forman told him and because McClendon was sometimes present
during these sales. Based on this evidence, we conclude that the
jury properly attributed to McClendon the reasonably foreseeable
crack cocaine distribution by his co-conspirator, Forman.
Accordingly, we affirm McClendon’s conviction and sentence with
respect to the crack cocaine.
As required by Anders, we have reviewed the entire record
and have found no meritorious issues for appeal. We therefore
affirm McClendon’s conviction and sentence. This court requires
that counsel inform his client, in writing, of his right to
petition the Supreme Court of the United States for further review.
If the client requests that a petition be filed, but counsel
believes that such a petition would be frivolous, then counsel may
move in this court for leave to withdraw from representation.
Counsel’s motion must state that a copy thereof was served on the
client. We dispense with oral argument because the facts and legal
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contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED
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