IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 97-60305
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LUCIUS DENIS, a/k/a BLACK;
JOHN KENNEDY WILLIAMS, a/k/a
Florida Tony, a/k/a T
Defendants-Appellants.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 1:96-CR-37-02 GG
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January 20, 1998
Before WISDOM, DUHÉ, and BARKSDALE, Circuit Judges
PER CURIAM:*
Lucius Denis and John Kennedy Williams were convicted of
conspiracy to possess with intent to distribute cocaine and
cocaine base. Williams was also convicted of two counts of
interstate travel or transportation in aid of racketeering
enterprises. Denis was convicted of possession with intent to
distribute approximately 15.6 grams of cocaine base.
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 97-60305
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Denis argues that the evidence was insufficient to support
his conviction for conspiracy. For the first time on appeal, he
argues that the district court violated Fed. R. Evid. 404(b) by
admitting extrinsic-act evidence, and that he was entitled to a
four-level decrease in his offense level under U.S.S.G.
§ 3B1.2(a). Williams also contends for the first time on appeal
that the district court erroneously admitted Rule 404(b)
evidence. Williams further contends that the court abused its
discretion in denying his mistrial motions, that the court erred
in increasing his offense level two levels under U.S.S.G.
§ 2D1.1(b)(1) for possession of a dangerous weapon, and that the
court erred in increasing his offense level under U.S.S.G.
§ 3B1.1(a) for being a leader of the conspiracy. Our review of
the record, the arguments and authorities discloses no reversible
error.
The evidence was sufficient for a reasonable jury to find
Denis guilty of the conspiracy count beyond a reasonable doubt.
See United States v. Cardenas, 9 F.3d 1139, 1157 (5th Cir. 1993).
The government offered evidence to show that Denis provided money
for the purchase of cocaine and “cooked” the cocaine into crack.
Witnesses also testified about Denis’s role in the conspiracy.
The district court did not plainly err in admitting evidence
concerning a car shooting, evidence of a conversation about a
drug “turf war” with a rival gang, and other testimony of the
circumstances and extent of the conspiracy. This evidence is
No. 97-60305
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"intrinsic" evidence that does not implicate Rule 404(b). See
United States v. Allen, 76 F.3d 1348, 1364 (5th Cir.), cert.
denied, 117 S. Ct. 121 (1996); United States v. Royal, 972 F.2d
643, 647 (5th Cir. 1992). The court’s refusal to grant
Williams’s three requests for a mistrial due to the admission of
this prejudicial evidence was not an abuse of discretion. United
States v. Limones, 8 F.3d 1004, 1007 (5th Cir. 1993).
The court did not plainly err in failing to find that Denis
was a minimal participant under § 3B1.2(a). See United States v.
Zuniga, 18 F.3d 1254, 1261 (5th Cir. 1994). The evidence
reflects that Denis actively participated in the conspiracy. He
provided money for the purchase of cocaine and he “cooked” the
cocaine into crack. This was not minor or minimal participation.
Finally, the court did not clearly err in finding that
Williams possessed a firearm for the purposes of § 2D1.1(b)(1),
United States v. Mitchell, 31 F.3d 271, 278 (5th Cir. 1994), or
that he was a leader of a conspiracy under § 3B1.1(a). United
States v. Puig-Infante, 19 F.3d 929, 944 (5th Cir. 1994). The
government offered evidence of the possession and use of firearms
during the conspiracy, and witnesses testified that Williams was
the leader of the conspiracy.
The judgment is AFFIRMED.