United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 4, 2005
Charles R. Fulbruge III
Clerk
No. 05-30032
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CONTRELL COLEMAN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:04-CR-50085
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Before SMITH, GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Contrell Coleman appeals his convictions following a jury
trial for possession with intent to distribute 50 grams or more
of cocaine base in violation of 21 U.S.C. § 841(a)(1) and
(b)(1)(A)(iii), possession of a firearm during and in relation to
a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1),
and possession of a firearm by a convicted felon in violation of
18 U.S.C. § 922(g)(1). He argues that the evidence was
insufficient to support his convictions.
*
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this opinion should not be published and is not precedent except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. 05-30032
-2-
The evidence established that a large amount of drugs and a
firearm were seized by law enforcement officers from the master
bedroom of an apartment that was jointly occupied by Coleman and
others. The bedroom was used by Coleman and his girlfriend, and
Coleman’s girlfriend testified that the drugs and firearm
belonged to Coleman. The drugs were individually packaged and a
representative number of the packages were tested and found to
contain cocaine base. The net weight of the packages was more
than 50 grams. There was nothing in the evidence to indicate
that the individually wrapped packages did not contain the same
substance or that the samples tested by the expert were not
representative of the all of the packages seized. Accordingly,
after viewing the evidence in the light most favorable to the
Government with all reasonable inferences being made in support
of the jury’s verdict, we conclude that the evidence was
sufficient to show that Coleman knowingly possessed 50 grams or
more of cocaine base with the intent to distribute it. See
United States v. Moser, 123 F.3d 813, 819 (5th Cir. 1997); United
States v. Miller, 146 F.3d 274, 280 (5th Cir. 1998); United
States v. Mergerson, 4 F.3d 337, 349 (5th Cir. 1993); see also
United States v. Polk, 56 F.3d 613, 620 (5th Cir. 1995).
The evidence also established that the firearm was found on
top of Coleman’s identification card in the same dresser where
the drugs were found, that Coleman was possessing the firearm
illegally because he had a prior conviction, and that the firearm
No. 05-30032
-3-
was on top of two magazines loaded with ammunition. Thus, the
evidence was sufficient to show that Coleman possessed the
firearm in furtherance of a drug trafficking offense. See United
States v. Ceballos-Torres, 218 F.3d 409, 410-11, 414-15 (5th
Cir.), amended in other part, 226 F.3d 651 (5th Cir. 2000).
Given the above-noted evidence and Coleman’s stipulations
that he was a convicted felon at the time of his arrest and that
the firearm in question had traveled in interstate commerce,
there was sufficient evidence to convict him of being a felon in
possession of a firearm. See United States v. Ybarra, 70 F.3d
362, 365 (5th Cir. 1995); United States v. De Leon, 170 F.3d 494,
496 (5th Cir. 1999). Coleman’s convictions are therefore
AFFIRMED.