United States v. Turner

* 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this opinion should not be published and is not precedent except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. 99-60574
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ENRAY TURNER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Mississippi
(98-CR-126-ALL-D)
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February 29, 2000
Before POLITZ, WIENER, and DENNIS, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Enray Turner appeals his convictions for
knowingly and willfully distributing crack cocaine, in violation of
21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C). He contends that the
district court abused its discretion in admitting four checks into
evidence pursuant to Fed. R. Evid. 404(b) for the purpose of
showing Turner’s knowledge and intent. Turner also contends that
the district court erred in failing to give the jury a limiting
instruction on this admitted evidence.
We have reviewed the record and the briefs submitted by the
parties and find no abuse of discretion in admitting the four

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checks into evidence. United States v. Bentley-Smith, 2 F.3d 1368,
1377 (5th Cir. 1993); United States v. Beechum, 582 F.2d 898, 911
(5th Cir. 1978) (en banc). Because Turner has not provided a
transcript of the instructions to the jury, we cannot determine the
comprehensiveness of the district court’s jury charge and therefore
decline to address that issue. See United States v. Parziale, 947
F.2d 123, 129 (5th Cir. 1991); Fed. R. App. P. 10(b). Any review
would have been for plain error. Parziale, 947 F.2d at 129.
AFFIRMED.

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