United States v. Martin

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-31312 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus KENNETH JAMES MARTIN, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Western District of Louisiana USDC No. 98-CR-60010-All -------------------- December 6, 1999 Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges. PER CURIAM:* Kenneth James Martin appeals his conviction for possession with the intent to distribute cocaine. He argues that the evidence was insufficient to prove that he had possession of the cocaine. The evidence included the testimony of the cooperating individual who supplied the cocaine, the two officers who glimpsed Martin holding a white object, the testimony of the officer who overheard Martin instructing the cooperating individual to throw him the cocaine, and the slow-motion playback of the video recording of the outside of the motel. From this * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 98-31312 -2- evidence, a reasonable juror could find beyond a reasonable doubt that Martin possessed the cocaine. See United States v. Ramirez, 963 F.2d 693, 701-02 (5th Cir. 1992). AFFIRMED.