United States v. Davis

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________ No. 96-31319 _____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LEN E. DAVIS, Defendant-Appellant. _________________________________________________________________ Appeal from the United States District Court for the Eastern District of Louisiana (94-CR-368-F) _________________________________________________________________ November 13, 1997 Before JOLLY, DAVIS, and BARKSDALE, Circuit Judges. PER CURIAM:* After studying the briefs, hearing argument, and reviewing the record, we are fully satisfied the defendant here failed to make any meritorious claim that he was entitled to a change of venue. In this drug conspiracy case, the record does not show that the jury verdict was affected by the publicity of the defendant’s conviction and death sentence for murder in an earlier unrelated state court case. Furthermore, the district court committed no trial errors in its evidentiary rulings or otherwise in the conduct * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. of the trial. The evidence fully supports the defendant’s convictions for conspiracy to possess with intent to distribute cocaine and for using and carrying a firearm during a drug trafficking offense. Finally, the defendant’s sentence--life, plus consecutive 60 months--reflects no error. Accordingly, both the conviction and the sentence of the defendant are in all respects A F F I R M E D. -2- 2