United States v. Dance

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-4735 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus NORWELL CALVIN DANCE, a/k/a Dude, a/k/a “D”, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior District Judge. (CR-98-178) Submitted: April 13, 1999 Decided: April 28, 1999 Before LUTTIG and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Joseph N. Bowman, Alexandria, Virginia, for Appellant. Helen F. Fahey, United States Attorney, Michael E. Rich, Assistant United States Attorney, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Norwell Calvin Dance was convicted following a jury trial of conspiracy to distribute marijuana and “crack” cocaine in violation of 21 U.S.C. § 846 (1994) (one count), distribution of marijuana in violation of 21 U.S.C. § 841(a)(1) (1994) (five counts), conspiracy to accept a bribe by a public official and to introduce controlled substances into a penal institution in violation of 18 U.S.C. § 371 (1994) (one count), introduction of marijuana into a penal institu- tion in violation of 22 D.C. Code Ann. § 2603 (five counts), and acceptance of a bribe by a public official in violation of 18 U.S.C. § 201(b)(2)(C) (1994) (two counts). Dance timely appealed. On appeal, Dance challenges the sufficiency of the evidence, contending that the evidence was circumstantial and that the Gov- ernment’s witnesses were not credible. Those challenges fail be- cause we may not weigh the evidence or review the credibility of the witnesses. See United States v. Wilson, 118 F.3d 228, 234 (4th Cir. 1997). Accordingly, we affirm Dance’s convictions. We dispense with oral argument because the facts and legal contentions are adequate- ly presented in the materials before the court and argument would not aid in the decisional process. AFFIRMED 2