United States v. McAfee

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-60571

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

YAMINAH McAFEE,

Defendant-Appellant. _________________________________________________________________ Appeal from the United States District Court for the Southern District of Mississippi USDC No. 1:98-CR-3-2-PG _________________________________________________________________ June 8, 1999

Before JOLLY, SMITH, and WIENER, Circuit Judges.

PER CURIAM:*

Yaminah McAfee appeals her conviction for conspiracy to possess cocaine base with the intent to distribute, in violation of 21 U.S.C. § 846; possession of cocaine base with the intent to distribute, in violation of 21 U.S.C. § 841(a)(1); employment of a minor to distribute cocaine base, in violation of 21 U.S.C. § 861(a)(1); and felon in possession of a firearm, in violation of U.S. §§ 922(g)(1) and 924(a)(2).

McAfee’s challenge to the sufficiency of the evidence is essentially a challenge to the jury’s credibility and weight-of- the-evidence determinations. Since the testimony of Drug Enforcement Administration Agent Roger Caplinger and coconspirator Eddie Hannibal was not patently unbelievable or incredible, McAfee has failed to show that a reasonable trier of fact could not have found guilt beyond a reasonable doubt. United States v. Lopez, 74 F.3d 575, 578 (5th Cir. 1996); United States v. Bell, 678 F.2d 547, 549 (5th Cir. 1982)(en banc).

A F F I R M E D.