United States v. Christopher Johnson , 446 F. App'x 215 ( 2011 )


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  •                                                         [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE ELEVENTH CIRCUIT
    ________________________                  FILED
    U.S. COURT OF APPEALS
    ELEVENTH CIRCUIT
    No. 10-10400
    NOVEMBER 4, 2011
    Non-Argument Calendar
    JOHN LEY
    ________________________                CLERK
    D.C. Docket No. 4:09-cr-00011-RH-WCS-3
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    CHRISTOPHER JOHNSON,
    Defendant - Appellant.
    ________________________
    Appeal from the United States District Court
    for the Northern District of Florida
    ________________________
    (November 4, 2011)
    Before WILSON, PRYOR and BLACK, Circuit Judges.
    PER CURIAM:
    Christopher Johnson appeals his conviction for conspiring to possess with
    intent to distribute five or more grams of crack cocaine. 
    21 U.S.C. § 841
    (a)(1),
    (b)(1)(B)(iii). Johnson argues that the evidence is insufficient to support his
    conviction. We affirm.
    The district court did not err by denying Johnson’s motion for a judgment of
    acquittal. The testimonies of two federal agents, Patrick Sanford and Michael
    Graham, and of Dondrick Eaves and recordings of telephone conversations
    established that Johnson conspired with his suppliers and Eaves to distribute five
    or more grams of crack cocaine. See United States v. Bacon, 
    598 F.3d 772
    ,
    775–76 (11th Cir. 2010). Sanford testified that Graham, acting as a confidential
    informant, purchased from Eaves cocaine brokered on behalf of Johnson and other
    suppliers. Sanford observed a drug transaction between Graham, Eaves, and
    Johnson at a flea market, and later Graham gave Sanford a package of 7.2 grams
    of crack cocaine that Graham said he had purchased from Johnson at the market.
    Both Graham and Eaves testified that Johnson had sold Graham the package of
    crack cocaine and that they had purchased cocaine from Johnson on other
    occasions. Eaves also testified that he would contact Johnson about interested
    buyers of cocaine and that Johnson and other suppliers would compensate Eaves
    by giving him cocaine in lieu of money. Five telephone conversations between
    2
    Eaves and Johnson corroborated the testimonies of Graham and Eaves about
    Johnson’s drug sales and established that Johnson had relationships with other
    drug sellers. In four telephone calls, Eaves and Johnson discussed returning some
    inferior cocaine that Johnson had purchased, obtaining cocaine from suppliers
    Louis Bunch and Willie Thompson, and trying to acquire a “quarter” of cocaine.
    During a fifth conversation, Johnson told Eaves that he had some customers for
    him. Eaves authenticated the telephone calls, and he testified about other
    conversations with Johnson involving purchases of cocaine and using Thompson
    as a supplier. Although the evidence is circumstantial, it is more than sufficient to
    prove a “‘concert of action,’” United States v. Thompson, 
    422 F.3d 1285
    , 1290
    (11th Cir. 2005) (quoting United States v. Guerra, 
    293 F.3d 1279
    , 1285 (11th Cir.
    2002)), among Johnson, Eaves, and other suppliers to distribute cocaine.
    We AFFIRM Johnson’s conviction.
    3
    

Document Info

Docket Number: 10-10400

Citation Numbers: 446 F. App'x 215

Judges: Black, Per Curiam, Pryor, Wilson

Filed Date: 11/4/2011

Precedential Status: Non-Precedential

Modified Date: 8/5/2023