United States v. Taylor

00-40306Court of Appeals for the Fifth Circuit27 apr 2001

Testo completo

* 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that this opinion should not be published and is not precedent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. 00-40306
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHRISTOPHER TAYLOR,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 2:98-CR-18-1
--------------------
April 27, 2001
Before EMILIO M. GARZA, STEWART and PARKER, Circuit Judges.
PER CURIAM:*
Christopher Taylor appeals from a jury verdict finding him
guilty of one count of distribution of cocaine base within 1,000
feet of a playground in violation of 21 U.S.C. §§ 841(a)(1), 860
and one count of distribution of cocaine base in violation of 21
U.S.C. § 841(a)(1). Taylor challenges the sufficiency of the
evidence to support his convictions. Officer Evins testified
that he bought cocaine from Taylor on two different occasions and
that one of the transactions took place within 1,000 feet of a
playground. We hold that the evidence was sufficient to permit a

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No. 00-40306
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rational trier of fact to find the essential elements of the
offense beyond a reasonable doubt. See United States v. Bell,
678 F.2d 547, 549 (5th Cir. 1982)(en banc), aff’d, 462 U.S. 356
(1983).
Taylor also challenges the district court’s order denying
his motion to quash the jury panel. Because Taylor presented no
evidence that any underrepresentation of African-Americans in his
jury venire was due to a systematic exclusion of that group in
the jury selection process, there was no error by the district
court. See United States v. Sotelo, 97 F.3d 782, 790-91 (5th
Cir. 1996).
AFFIRMED.

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