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No. 09-4301
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Joseph F. Anderson, Jr., District
Judge. (3:07-cr-00155-JFA-3)
Submitted:
Decided:
PER CURIAM:
A federal grand jury charged Javis Sherard McKenzie in
a third superseding indictment with conspiracy to possess with
intent to distribute and to distribute fifty grams or more of
cocaine base (crack) and five kilograms or more of cocaine, in
violation
of
21 U.S.C.
communication
facility
846 (2006)
(a
(Count
telephone)
to
One), 1 use
of
facilitate
the
by
convicted
felon,
in
violation
of
18
U.S.C.
Nine.
We affirm.
motion,
sufficient
but
to
ultimately
support
concludes
McKenzies
that
the
evidence
convictions.
This
was
court
de novo.
jury
must
be
sustained
if
there
is
substantial
evidence,
it.
523
F.3d
reasonable
at
317.
finder
Substantial
of
fact
evidence
could
is
accept
evidence
as
that
adequate
and
marks
omitted).
and
citation
This
court
can
reverse
(4th Cir. 2006) (en banc) (internal quotation marks and citation
omitted).
Our review of the record reveals that the evidence
supported the jurys verdict.
at
317
[G]overnment
(stating
was
that,
required
to
to
prove
establish
(1)
846
an
violation,
agreement
to
knowingly
used
telephone
on
the
relevant
days
to
F.3d 798, 802 n.5 (5th Cir. 2009) ( 843(b) requires proof that
a
defendant
(1)
knowingly
or
intentionally
(2)
used
This
further review.
before
the
court
and
argument
would
not
aid
the
decisional process.
AFFIRMED