IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-41548
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOHN DERRICK SKIPPER,
Defendant-Appellant.
Appeal from the United States District Court
for the Eastern District of Texas
(1:97-CR-49-1)
October 30, 1998
Before JOHNSON, HIGGINBOTHAM, and DAVIS, Circuit Judges.
PER CURIAM:*
John Derrick Skipper appeals his conviction for two counts of
possession with intent to distribute cocaine base. Skipper argues that
the evidence is insufficient to support the jury’s verdict.1 In support
of his insufficiency argument, he alleges that the testimony of the
government’s confidential informant was not credible.
The standard under which this court reviews a claim of legal
insufficiency is whether “a rational trier of fact could have found that
*
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opinion should not be published and is not precedent except under the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.
1
The defendant complied with FED. R. CRIM. PRO. 29(c) to preserve
error on this point.
the evidence establishes the essential elements of the offense beyond
a reasonable doubt.” United States v. El-Zoubi, 993 F.2d 442, 445 (5th
Cir. 1993) (citations omitted). This standard leaves the assessment of
the credibility of the witnesses as well as the weight of the evidence
within the exclusive province of the jury. See id. In reviewing an
insufficiency claim, we must consider the evidence in the light most
favorable to the government. See Glasser v. United States, 315 U.S. 60,
80 (1942); United States v. Bermea, 30 F.3d 1539, 1551 (5th Cir. 1994).
After careful analysis of the record, we find that the evidence was
sufficient to support a reasonable juror’s finding of guilt beyond a
reasonable doubt on all of the essential elements of the charged
offense.
AFFIRMED.
2