United States v. Jennings

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
June 7, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-50803
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARY JENNINGS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:04-CR-32-2
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Before DAVIS, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:*
Mary Jennings appeals her conviction on one of three counts on
which she was convicted, all stemming from her participation in a
conspiracy to distribute crack cocaine. Jennings specifically
attacks her conviction under 21 U.S.C. § 860 for aiding and
abetting the distribution of crack cocaine within 100 feet of a
youth center. She argues that the evidence was insufficient to
show that the TEEN F.L.O.W. Youth Center was a “youth center” as
defined by 21 U.S.C. § 860(e)(2). She does not challenge the

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No. 04-50803
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sufficiency of the evidence with respect to any other essential
element of the charge.
Section 860(e)(2) defines youth center as “a recreational
facility and/or gymnasium (including any parking lot appurtenant
thereto), intended primarily for use by persons under 18 years of
age, which regularly provides athletic, civic, or cultural
activities.”
Our review of the record satisfies us that sufficient
evidence supports the jury’s verdict. There was uncontroverted and
unchallenged testimony that the TEEN F.L.O.W. Youth Center was a
“youth center” where children played basketball.
Viewing the evidence in the light most favorable to the
verdict, as we must, see United States v. Villarreal, 324 F.3d 319,
322 (5th Cir. 2003), we conclude that the evidence was sufficient.
Accordingly, the judgment of the district court is AFFIRMED.

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