U.S. v. O’Leary

Record contained sufficient evidence to support defendant's conviction in bench trial on charge of distribution of 280 grams of substance containing cocaine base under 21 USC section 841(a)(1) and (b)(1)(A)(ii). While defendant argued that record failed to show beyond reasonable doubt that he had distributed 280 grams of cocaine, Dist. Ct. could properly rely on inculpatory statements regarding drug quantity made in defendant's grand jury testimony, where his statements were corroborated by parties' stipulation, as well as contents of wire-tapped telephone calls indicating frequency of sales and quantity of drugs contained in packets of drugs sold to others. Also, defendant was responsible for amount of drugs sold by others engaged in same conspiracy that established requisite quantity of drugs at issue in charged offense.