IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-41333
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DEWAYNE KARL PIPKINS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:00-CR-4-2
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October 24, 2001
Before DUHÉ, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:1
Dewayne Karl Pipkins and Charles Edward Williams each appeal
from their jury convictions for conspiracy to possess with intent
to distribute cocaine base. Pipkins, who was implicated in the
conspiracy on the basis of the testimony of numerous accomplices or
co-conspirators, asks us to overrule our decision in United States
v. Westbrook, 119 F.3d 1176, 1190 (5th Cir. 1997), in which we held
that uncorroborated testimony of a co-conspirator, even one who is
cooperating with the Government, may be sufficient evidence to
convict if it is not factually insubstantial or incredible.
1
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that this opinion should not be published and is not precedent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.
Westbrook is binding on this court; absent en banc reconsideration
or a superseding contrary decision of the Supreme Court, one panel
may not overrule the decision of a prior panel. See United States
v. Ruff, 984 F.2d 635, 640 (5th Cir. 1993). Because Pipkins’ sole
argument on appeal is foreclosed by precedent, the district court’s
judgment as to him is AFFIRMED.
Williams argues that there is no evidence of an agreement
between him and any person or that he knew of the essential
objectives or scope of the conspiracy and had knowingly joined the
conspiracy. We have reviewed the trial testimony and hold that the
jury could have rationally concluded beyond a reasonable doubt that
Williams was aware of the drug conspiracy involving Kenneth Jordan,
Jose Lopez, Quinton Hearne, and Sonya Ray; that Williams knew that
he was transporting cocaine; and that Williams had voluntarily
agreed to participate in the drug conspiracy. United States v.
Gonzales, 79 F.3d 413, 423 (5th Cir. 1996). Accordingly, the
judgment of the district court as to Williams is AFFIRMED.
2