IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-40739
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
WILBERT JOSEPH BROWN, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:00-CR-148-ALL
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February 15, 2002
Before DAVIS, BENAVIDES and CLEMENT, Circuit Judges.
PER CURIAM:*
Wilbert Joseph Brown, Jr., appeals his conviction for
possession with intent to distribute over 50 grams of crack
cocaine. He contends that the district court abused its discretion
in dismissing a juror for cause. Upon review of the record, we
find no such abuse. See United States v. Gonzalez-Balderas, 11
F.3d 1218, 1222 (5th Cir. 1994).
Brown also asserts that the evidence was insufficient to
support his conviction. We hold that the evidence was sufficient
for a rational trier of fact to find the essential elements of the
*
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that this opinion should not be published and is not precedent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. 01-40739
-2-
offense beyond a reasonable doubt. See United States v.
Romero-Cruz, 201 F.3d 374, 378 (5th Cir. 2000). Rochelle Brown’s
testimony was not incredible as a matter of law. See United States
v. Freeman, 77 F.3d 812, 816 (5th Cir. 1996). There was
substantial evidence upon which a rational jury could find that
Brown exercised dominion and control over the residence in which
the narcotics were found and that he had knowledge and access to
the drugs. See United States v. Mergerson, 4 F.3d 337, 349 (5th
Cir. 1993). Consequently, Brown’s conviction is AFFIRMED.