USA v. Delvin McKinney, No. 05-14168 (11th Cir. 2007)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 05-14168 FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT MAR 08, 2007 THOMAS K. KAHN CLERK D. C. Docket No. 04-60038 CR-WPD UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DELVIN MCKINNEY, a.k.a. Poochie, a.k.a. Poco, Defendant-Appellant. Appeal from the United States District Court for the Southern District of Florida (March 8, 2007) Before TJOFLAT, FAY and SILER,* Circuit Judges, * Honorable Eugene E. Siler, Jr., United States Circuit Judge for the Sixth Circuit, sitting by designation. PER CURIAM. Delvin McKinney was convicted of six drug trafficking offenses, which included distributing cocaine within 1,000 feet of a school and playground area. The district court sentenced him to life imprisonment on one count and terms of years on the remaining counts. McKinney appeals, asking that we direct judgment of acquittal on all counts for insufficient evidence. We find the evidence overwhelming and therefore decline his request. McKinney seeks alternatively a new trial on the grounds that the court abused its discretion in admitting evidence and the cumulative effect of erroneous rulings. These grounds are meritless. We also find meritless the claim that his life sentence violates the Eighth Amendment. AFFIRMED. 2

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