U.S. v. Tate

Record contained sufficient evidence to support jury’s guilty verdict on defendant’s possession with intent to distribute drugs charge, where jury could have found that defendant entrusted drugs to third-party to sell to two of defendant’s customers, and that defendant had physically held pillowcase containing said drugs, which was found under defendant’s seat of car that had been stopped by police. Also, Dist. Ct. did not err in applying 2-level firearm-possession enhancement, after finding that firearm was possessed during drug-trafficking offense, where DEA agent testified that firearm and $3,000 in cash was found under mattress at defendant’s home. Ct of Appeals further observed that defendant incurred no prejudice by imposition or said enhancement because defendant would have had same 43-level offense level with or without said enhancement. Too, Dist. Ct. did not err in imposing manager or supervisor enhancement under section 3B1.1(b) of USSG on co-defendant based on co-defendant’s requests for another individual to pick up and drop off drugs, which was sufficient to support enhancement by establishing that co-defendant was orchestrating or coordinating activities performed by others.