IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40945
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
ALI ANTHONY CLARKE
Defendant - Appellant
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:00-CR-4-2
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May 9, 2001
Before KING, Chief Judge, and WIENER and DENNIS, Circuit Judges.
PER CURIAM:*
Ali Anthony Clarke (“Clarke”) was convicted of conspiracy to
possess with intent to distribute controlled substance, in
violation of 21 U.S.C. §§ 841(a)(1) and 846, and possession with
intent to distribute controlled substance, in violation of 21
U.S.C. § 841(a)(1). He argues that insufficient evidence existed
to support his convictions. He also argues that the district
court erred in admitting evidence of his prior convictions for
drug-related offenses under Fed. R. Evid. 404(b). Because Clarke
did not reurge his motion for judgment of acquittal at the close
*
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that this opinion should not be published and is not precedent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. 00-40945
-2-
of all the evidence, this court’s review of the sufficiency of
the evidence is limited to determining whether there was a
manifest miscarriage of justice. See United States v. Johnson,
87 F.3d 133, 136 (5th Cir. 1996).
This court has carefully reviewed the record and the briefs
of the parties. We conclude that no manifest miscarriage of
justice occurred. See United States v. Villasenor, 236 F.3d 220,
223 (5th Cir. 2000); United States v. Rivas, 157 F.3d 364, 368-69
(5th Cir. 1998). We also conclude that Clarke waived his Fed. R.
Evid. 404(b) argument. See United States v. Musquiz, 45 F.3d
927, 931 (5th Cir. 1995). The judgment of the district court is
AFFIRMED.