United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 27, 2003
Charles R. Fulbruge III
Clerk
No. 02-41715
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GARY KEITH COOPER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:01-CR-229-2
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Before JONES, STEWART, and DENNIS, Circuit Judges.
PER CURIAM:*
Gary Keith Cooper appeals his conviction following a jury
trial for being a felon in possession of a firearm. He argues that
the evidence was not sufficient for a reasonable trier of fact to
find beyond a reasonable doubt that he knowingly possessed a
firearm.
Cooper stipulated to being a convicted felon, and he does not
challenge the Government’s evidence that the firearms in
question had
a nexus with interstate commerce. Thus, the sole issue on appeal
*
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that this opinion should not be published and is not precedent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. 02-41715
-2-
is whether Cooper was knowingly in possession of any of the
firearms seized from the apartment where he was arrested.
Cooper’s co-defendant testified at trial that he saw Cooper
purchase the 9mm handgun found in the apartment. He also testified
that, on more than one occasion, he saw Cooper transport the gun
between the apartment and the car that they both used. The jury
apparently did not find credible Cooper’s testimony that he did not
own, or know anything about, the handgun or the other firearms
found in the apartment. “[T]his court will not substitute its own
determination of credibility for that of the jury.” See United
States v. Casilla, 20 F.3d 600, 602 (5th Cir. 1994).
Viewing the evidence in the light most favorable to the
verdict, a reasonable trier of fact could have found that the
evidence established beyond a reasonable doubt that Cooper had been
convicted of a felony and that he was in possession of a firearm
that had a nexus with interstate commerce. Thus, the evidence was
sufficient to sustain his conviction. See United States v. Jones,
133 F.3d 358, 362 (5th Cir. 1998).
AFFIRMED.