Professional Documents
Culture Documents
No. 09-4552
Appeal from the United States District Court for the District of
South Carolina, at Florence. R. Bryan Harwell, District Judge.
(4:08-cr-00866-RBH-3)
Submitted:
Decided:
PER CURIAM:
Kastler
conspiracy
to
Cherisme
possess
was
with
indicted
intent
to
and
charged
distribute
with
heroin,
in
intent
to
distribute
heroin,
in
violation
of
21 U.S.C.
to
plea
agreement
with
the
Government.
At
the
court
denied
Cherismes
motion
and
The
subsequently
appeal,
for
Cherisme
has
filed
brief
right
to
file
pro
se
United
States
v.
Kellam,
568
F.3d
125,
132,
138
Where, as
verdict
substantial
of
evidence,
jury
must
be
taking
the
view
sustained
most
if
there
favorable
to
is
the
60, 80 (1942); see United States v. Midgett, 488 F.3d 288, 297
(4th
Cir.
reasonable
2007).
Substantial
finder
of
fact
evidence
could
is
accept
evidence
as
that
adequate
and
and
court
permits
reviews
the
both
direct
[G]overnment
and
the
circumstantial
benefit
of
all
clear.
After a conspiracy is
the
possession,
and
(3)
intent
to
distribute.
United
States v. Hall, 551 F.3d 257, 267 n.10 (4th Cir. 2009) (internal
quotation marks omitted).
constructive.
cert.
constructive
130
possession,
S.
the
Ct.
3440
Government
(2010).
must
To
establish
prove
the
Id.
This
contentions
the
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED