United States v. Mayfield ( 2003 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-21262
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SHANNON MAYFIELD,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
No. H-01-CR-204-1
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January 10, 2003
Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
Shannon Mayfield appeals his conviction of, and sentence
for, aiding and abetting possession with intent to distribute
cocaine. Mayfield argues that the evidence was insufficient to
support his conviction, because there was no evidence that he
*
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this opinion should not be published and is not precedent except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.
No. 01-21262
-2-
knew of the presence of the cocaine in his vehicle. He also
contends that he should not have received a two-level adjustment
under the Sentencing Guidelines for obstruction of justice.
Because Mayfield did not renew his motion for a judgment of
acquittal at the close of evidence, our review of the sufficiency
of the evidence is limited to determining whether there was a
manifest miscarriage of justice. United States v. Johnson, 87
F.3d 133, 136 (5th Cir. 1996). In light of the ample evidence of
Mayfield’s knowing involvement in the cocaine transaction, this
standard has not been met.
The district court did not clearly err in determining that
Mayfield had committed perjury and suborned perjury at trial,
thus warranting the adjustment for obstruction of justice. See
U.S.S.G. § 3C1.1; United States v. Storm, 36 F.3d 1289, 1295 (5th
Cir. 1994). This determination did not impinge on Mayfield’s
right to defend himself. See United States v. Dunnigan, 507 U.S.
87, 96 (1993); United States v. Como, 53 F.3d 87, 89 (5th Cir.
1995).
AFFIRMED.