Académique Documents
Professionnel Documents
Culture Documents
No. 09-4498
Appeal from the United States District Court for the Western
District of Virginia, at Abingdon.
James P. Jones, Chief
District Judge. (1:07-cr-00032-jpj-pms-8)
Submitted:
Decided:
PER CURIAM:
Jessee Dane Cox appeals from the life sentence imposed
following a jury trial on one count of conspiracy to possess
with intent to distribute methamphetamine, in violation of 21
U.S.C. 841(b)(1)(A), 846 (2006).
29
motions
for
acquittal.
Finding
no
reversible
error, we affirm.
We review the district courts denial of a Rule 29
motion de novo.
Cir. 2005).
substantial
taking
80
(1942).
reasonable
finder
the
most
favorable
to
the
Substantial
of
view
fact
evidence
could
is
accept
evidence
as
that
adequate
and
reasonable
doubt.
Alerre,
the
credibility
430
F.3d
at
693
(internal
the
witnesses
[because]
[t]hose
118 F.3d 228, 234 (4th Cir. 1997) (internal citation omitted).
To
prove
conspiracy
to
possess
with
intent
to
[methamphetamine]
with
intent
2
to
distribute
existed
between
two
conspiracy;
or
more
and
(3)
persons;
the
(2)
the
defendant
knowingly
defendant
knew
and
of
the
voluntarily
indicted
conspiracy.
Cox
further
alleges
that
he
was
States
(internal
v.
Kennedy,
citations
32
F.3d
omitted).
876,
However,
883
a
(4th
Cir.
material
1994)
variance
Id.
before
the
jury
that
the
jury
was
likely
to
unrelated
omitted).
conspiracy.
(internal
Id.
quotation
marks
prosecution
for
the
same
offense.
United
States
v.
have
reviewed
evidence
did
the
record
not
materially
when
Government.
evidence
viewed
The
was
in
testimony
find
vary
that
the
from
the
sufficient
the
and
to
support
the
light
most
favorable
elicited
from
Coxs
jurys
to
the
alleged
co-
summer
of
2006.
Cox
admitted
to
distributing
Moreover,
testimony
conspirators
corroborated
Coxs
from
Coxs
admissions.
alleged
See
co-
United
States v. Abu Ali, 528 F.3d 210, 234 (4th Cir. 2008) (stating
4
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED