United States of America, Plaintiff-appellee, v. Stephen Charles, Defendant-appellant, 852 F.2d 566 (4th Cir. 1988)

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U.S. Court of Appeals for the Fourth Circuit - 852 F.2d 566 (4th Cir. 1988) Submitted: June 14, 1988. Decided: July 12, 1988

Richard Corbin Byrd Woods; Alan Curtis Drew, Drew & Goldberg, on brief, for appellant.

Breckinridge L. Willcox, United States Attorney; Andrew G.W. Norman, Assistant United States Attorney, on brief, for appellee.

Before K.K. HALL and CHAPMAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:


Stephen Charles and Michelot Saintange appeal their jury conviction of conspiracy to distribute cocaine, possession of cocaine with the intent to distribute, distribution of cocaine and use of a communication facility to facilitate the commission of a felony, in violation of 21 U.S.C. §§ 846, 841 and 843.

On appeal, Charles and Saintange contend that the trial court erred in not instructing the jury that they could not consider coconspirator's statements regarding the conspiracy unless they first decided there was a conspiracy and that the defendants were involved in it. Appellants further argue that the evidence was insufficient for conviction.

Upon consideration of the record and briefs,1  we find no error in the proceedings below and conclude that appellants' contentions are without merit. Accordingly, the judgment below is affirmed.

AFFIRMED.

 1

The parties consented to submit this appeal on the briefs and waive oral argument