United States of America v. Michael Baker

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-4540
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MICHAEL BAKER,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Henry E. Hudson, District
Judge. (CR-03-32)
Submitted: November 7, 2003 Decided: May 26, 2004
Before LUTTIG and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Samuel P. Simpson, V, MONTGOMERY & SIMPSON, L.L.P., Richmond,
Virginia, for Appellant. Paul J. McNulty, United States Attorney,
Charles E. James, Jr., Assistant United States Attorney, Richmond,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Michael Baker was convicted of aiding and abetting the
distribution of cocaine base in violation of 21 U.S.C.
§ 841(b)(1)(C) (2000) and 18 U.S.C. § 2 (2000). On appeal, he
alleges the evidence was insufficient to support his conviction.
We find that there is substantial evidence, taking the
view most favorable to the Government, to support the jury’s
verdict. See United States v. Glasser, 315 U.S. 60, 80 (1942).
Baker’s counsel drew the jury’s attention to a discrepancy in the
descriptions of Baker’s clothing, and we must assume that the jury
resolved this issue in the Government’s favor. See United States
v. Wilson, 115 F.3d 1185, 1190 (4th Cir. 1997). Thus, we affirm.
We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED

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