UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 98-41045
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CRAIG BROUGHTON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
(1:98-CR-7-1)
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March 23, 1999
Before POLITZ, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Claiming insufficient evidence, Craig Broughton appeals his
conviction for possession with intent to distribute cocaine base,
in violation of 21 U.S.C. § 841(a)(1).
The evidence presented by the Government at trial included
testimony and a videotape concerning Broughton paying $900 for two
ounces of cocaine base, being “fronted” four more ounces, and
picking up the bag containing the cocaine base. Other testimony
included the amount of cocaine base being consistent with intent to
distribute. Broughton testified that he had previously been
*
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this opinion should not be published and is not precedent except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.
convicted for possession of a controlled substance; and that he
inspected the cocaine base to determine its quality for another
person.
Based on the above-described evidence, we conclude that the
Government proved beyond a reasonable doubt that Broughton
knowingly possessed the cocaine base with intent to distribute.
See, e.g., United States v. Posada-Rios, 158 F.3d 832, 855 (5th
Cir. 1998), petition for cert. filed (U.S. 16 Feb. 1999) (No. 98-
8140); United States v. Jones, 133 F.3d 358, 362 (5th Cir.), cert.
denied, ___ U.S. ___, 118 S. Ct. 1854 (1998). The jury was
entitled to reject Broughton’s testimony that he intended to
purchase stereo equipment rather than cocaine base. See United
States v. Kelley, 140 F.3d 596, 607 (5th Cir.), cert. denied, ___
U.S. ___, 119 S. Ct. 247 (1998).
AFFIRMED