United States v. Ross

* 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that this opinion should not be published and is not precedent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. 01-30139
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHARLIE LEE ROSS, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
(00-CR-10007-1)
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July 30, 2001
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Charlie Lee Ross, Jr. appeals his jury-
trial conviction for conspiracy to possess with the intent to
distribute cocaine base and possession with the intent to
distribute cocaine base, in violation of 21 U.S.C. §§ 841(b)(1)(A),
846. He avers that the evidence was insufficient to support his
conviction.
Ross’s challenge to the sufficiency of the evidence is
essentially a challenge to the jury’s credibility and weight-of-the-
evidence determinations. The testimony of the co-conspirators was

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corroborated by telephone records, hotel receipts, car rental
receipts, and taxi cab records. The testimony and the physical
evidence demonstrate that, on the occasions alleged in the
indictment, Ross provided cocaine base to a number of individuals
who transported the drugs from Houston, Texas, to Louisiana.
As the testimony of his co-conspirators was not patently
unbelievable or incredible, Ross has failed to show that a
reasonable trier of fact could not have found him guilty beyond a
reasonable doubt. United States v. Broussard, 80 F.3d 1025, 1030
(5th Cir. 1996); United States v. Bermea, 30 F.3d 1539, 1552 (5th
Cir. 1994).
AFFIRMED.

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