United States v. McAfee

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-60571 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus YAMINAH McAFEE, Defendant-Appellant. _________________________________________________________________ Appeal from the United States District Court for the Southern District of Mississippi USDC No. 1:98-CR-3-2-PG _________________________________________________________________ June 8, 1999 Before JOLLY, SMITH, and WIENER, Circuit Judges. PER CURIAM:* Yaminah McAfee appeals her conviction for conspiracy to possess cocaine base with the intent to distribute, in violation of 21 U.S.C. § 846; possession of cocaine base with the intent to distribute, in violation of 21 U.S.C. § 841(a)(1); employment of a minor to distribute cocaine base, in violation of 21 U.S.C. § 861(a)(1); and felon in possession of a firearm, in violation of 18 U.S. §§ 922(g)(1) and 924(a)(2). McAfee’s challenge to the sufficiency of the evidence is essentially a challenge to the jury’s credibility and weight-of- * Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. the-evidence determinations. Since the testimony of Drug Enforcement Administration Agent Roger Caplinger and coconspirator Eddie Hannibal was not patently unbelievable or incredible, McAfee has failed to show that a reasonable trier of fact could not have found guilt beyond a reasonable doubt. United States v. Lopez, 74 F.3d 575, 578 (5th Cir. 1996); United States v. Bell, 678 F.2d 547, 549 (5th Cir. 1982)(en banc). A F F I R M E D.