United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 17, 2005
Charles R. Fulbruge III
No. 05-50057 Clerk
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARVIN LYDELL STARKS,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:04-CR-15-1
--------------------
Before SMITH, GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Marvin Lydell Starks appeals his jury convictions for
possession with intent to distribute cocaine base within 1000
feet of a school and a firearm violation during the commission of
a drug-trafficking offense. He argues that the evidence was
insufficient to support either conviction. Because Starks moved
for a judgment of acquittal at the close of the Government’s case
and rested without presenting any evidence, he preserved his
challenge to the sufficiency of the evidence. See United States
v. Resio-Trejo, 45 F.3d 907, 911 n.6 (5th Cir. 1995).
*
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this opinion should not be published and is not precedent except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. 05-50057
-2-
A review of the trial evidence in the light most favorable
to the prosecution demonstrates that “any rational trier of fact
could have found the essential elements of the crime beyond a
reasonable doubt.” See United States v. Jaramillio, 42 F.3d 920,
922-23 (5th Cir. 1998). The evidence established that at the
1312 West Avenue address, Starks had a key to a locked bedroom in
which officers found over 200 grams of cocaine base, a loaded .38
caliber revolver, other drug paraphernalia, and paperwork
addressed to Starks. The evidence also established that at the
2918 Madison Avenue Apt. B, address, Starks had constructive
possession of over 100 grams of cocaine base, a sack containing
plastic bags, a razor blade with white residue, a large men’s red
jacket with $7350 in cash in a pocket, an envelope addressed to
Starks at the 1314 West Avenue address, and a Tanita scale with
cocaine residue. Contrary to Starks’s argument, the Government
was not required to prove that he had sole access to the
residences in which officers found the cocaine base. See United
States v. Houston, 364 F.3d 243, 248 (5th Cir. 2004). Therefore,
the record amply demonstrates that the Government presented
sufficient evidence to establish beyond a reasonable doubt that
Starks knowingly had constructive possession of over 300 grams of
cocaine base with intent to distribute and that the residences
were within 1000 feet of a school. See Jaramillo, 42 F.3d at
922-23.
No. 05-50057
-3-
The evidence was also sufficient to support his conviction
for possession of a firearm in furtherance of the commission of a
drug-trafficking offense. As noted above, the evidence
established that Starks had a key to a locked bedroom in which
officers found over 200 grams of cocaine base and a loaded .38
caliber revolver on a night stand next to the drugs. The jury
could infer that Starks possessed the firearm in furtherance of
the drug-trafficking offense as it was located was within arm’s
reach or was readily accessible. See United States v. Ceballos-
Torres, 218 F.3d 409, 413-15 (5th Cir. 2000). Therefore, the
evidence established beyond a reasonable doubt that Starks
possessed the firearm in furtherance of the drug-trafficking
offense of possession of cocaine base with intent to distribute
within 1000 feet of a school. See id.
AFFIRMED.