United States v. Martin

1 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-41532
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROBERT MARTIN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:98-CR-12-2
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January 10, 2000
Before JONES, DUHÉ, and STEWART, Circuit Judges.
PER CURIAM:1
Robert Martin appeals his convictions for cocaine conspiracy
and for possession with the intent to distribute cocaine. He
argues that the evidence was insufficient to convict him of either
count. Because Martin presented no evidence after moving for
judgment of acquittal although his codefendant, Willie Ray
Mayfield, testified on his own behalf, this court is limited to a
review of the Government’s case-in-chief in determining the issues
on appeal. See United States v. Casilla, 20 F.3d 600, 605-06 (5th

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2 Pinkerton v. United States, 328 U.S. 640 (1946).
Cir. 1994); United States v. Elam, 678 F.2d 1234, 1247-48 (5th Cir.
1982).
From our review of this evidence, we conclude that a
reasonable juror would find beyond a reasonable doubt that Martin
conspired to possess with the intent to distribute cocaine. See
United States v. Ramirez, 963 F.2d 693, 702 (5th Cir. 1992). In
light of the Pinkerton2 instruction and in light of the sufficient
evidence on the conspiracy count, the evidence is sufficient on the
substantive possession count of conviction. See United States v.
Sacerio, 952 F.2d 860, 866 (5th Cir. 1992).
AFFIRMED.

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