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No. 09-4657
No. 09-4803
Appeals from the United States District Court for the Western
District of Virginia, at Abingdon.
James P. Jones, District
Judge. (1:08-cr-00024-jpj-pms-32; 1:08-cr-00024-jpj-pms-43)
Submitted:
Decided:
August 1, 2011
PER CURIAM:
A federal jury convicted Robin Marie Davis and Anthony
Eugene Duty of conspiracy to distribute and possess with intent
to
distribute
cocaine
of
and
cocaine
base,
in
violation
of
21
imprisonment
and
sentenced
Duty
to
120
months
of
abuse of discretion.
(4th Cir. 2006).
A
defendant
challenging
the
sufficiency
of
the
Smith,
451
F.3d
at
216
(citations
omitted).
could
accept
as
adequate
and
sufficient
to
support
Id.
(internal
quotation
marks
and
citation
omitted).
presented.
quotation
marks
Beidler,
and
citation
110
F.3d
at
1067
omitted).
(internal
Reversal
for
to
distribute
and
distribute
cocaine
and
crack,
the
United
States v. Burgos, 94 F.3d 849, 857 (4th Cir. 1996) (en banc)
(citations omitted).
conclude
was
that
there
sufficient
evidence
to
support
the
his
motion
for
new
trial
based
on
three
of
his
satisfied
that
the
testimony
given
by
material
Cir.),
omitted).
the
cert.
131
S.
Ct.
846
(2010),
(citations
district
courts
finding
that
the
witnesses
trial
testimonies were not false was not error and, therefore, the
court did not abuse its discretion in denying Dutys motion for
a new trial.
Accordingly, we affirm the judgments of the district
court.
legal
before
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED