United States v. Godfrey Llewellyn Spencer, 1 F.3d 1235, 4th Cir. (1993)

1 F.
3d 1235
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of

unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
UNITED STATES of America, Plaintiff-Appellee,
v.
Godfrey Llewellyn SPENCER, Defendant-Appellant.
No. 92-5409.
United States Court of Appeals,

Fourth Circuit.
Submitted: July 16, 1993.
Decided: August 2, 1993.
Appeal from the United States District Court for the Western District of
Virginia, at Roanoke. James C. Turk, Chief District Judge. (CR-91-138-R)
J. Patterson Rogers, Danville, Virginia, for Appellant.
E. Montgomery Tucker, United States Attorney, Karen B. Peters,
Assistant United States Attorney, Roanoke, Virginia, for Appellee.
W.D.Va.
AFFIRMED.
Before NIEMEYER, HAMILTON, and WILLIAMS, Circuit Judges.
PER CURIAM:
OPINION
1
Godfrey Llewellyn Spencer appeals from his conviction for conspiring to

distribute cocaine in violation of 21 U.S.C. Sec. 846 (1988).* Spencer argues
that there was insufficient evidence to prove any agreement which would
constitute a conspiracy. Because we find sufficient evidence to support his
conviction, we affirm.
I.
2
The evidence at trial demonstrated that Spencer was involved in a cocaine

distribution ring. An informant, Wayne Power, testified that he purchased, on
several occasions, cocaine from street sellers in the parking lot of a local
convenience store. In addition, Power stated that Spencer was regularly in the
parking lot, observing the sales from his truck and that the street sellers would
often obtain the cocaine from Spencer. Power testified that co-defendant
Donzell Thompson, a man who was frequently seen with Spencer, stated that if
he did not have the cocaine, he knew where to acquire it. Power testified that,
on one occasion, he was unable to obtain the quantity of cocaine he desired but
was told, by a street seller, after the man conferred with Spencer, if he returned
the next evening, the cocaine would be available.
A second informant testified that the street sellers regularly purchased the
cocaine from Spencer. Street seller Ricky Hubbard stated that Spencer "had
people selling cocaine for him."
A number of the street sellers testified that they obtained their cocaine from
Spencer, either by purchasing it directly from him or by obtaining it from
Thompson.
II.
5
Spencer argues that there was insufficient evidence to prove any agreement
which would constitute a conspiracy. In evaluating the sufficiency of evidence
to support a conviction, we view the evidence in the light most favorable to the
government, and determine if any rational trier of fact could have found the
defendant guilty beyond a reasonable doubt. Glasser v. United States, 315 U.S.
60, 80 (1942); United States v. Tresvant, 677 F.2d 1018, 1021 (4th Cir. 1982).
Furthermore, we accord the benefit of all reasonable inferences to the
government. Tresvant, 677 F.2d at 1021. Finally, we do not review the
credibility of the witnesses. United States v. Saunders, 886 F.2d 56, 60 (4th Cir.
1989).
The elements of the crime of conspiracy are: "(1) an agreement between two or
more persons ..., (2) to commit in concert an unlawful act." See United States v.
Giunta, 925 F.2d 758, 764 (4th Cir. 1991). Circumstantial evidence may be
used as proof of a conspiracy. Id. Furthermore, the existence of a conspiracy

may be inferred from "circumstances indicating that two or more persons acted
in concert to achieve an illegal goal." United States v. Laughman, 618 F.2d
1067, 1074 (4th Cir.), cert. denied, 447 U.S. 925 (1980).
7
In considering circumstantial, as well as direct evidence, and allowing the

government the benefit of all reasonable inferences from the facts proven to
those sought to be established, Tresvant, 677 F.2d at 1021, we find the
evidence sufficient to prove that, in the very least, Spencer and Thompson acted
in concert to distribute cocaine. The men were regularly seen conversing before
drug transactions. Thompson sold cocaine obtained from Spencer's truck to
both informants. Accordingly, we affirm the district court. We dispense with
oral argument because the facts and legal contentions are adequately presented
in the materials before the Court and argument would not aid the decisional
process.
AFFIRMED
Spencer was also convicted for distributing cocaine in violation of 21 U.S.C.A.

Sec. 841(a)(1) (West 1981 & Supp. 1992), and for aiding and abetting named
individuals in the sale of cocaine in violation of 18 U.S.C. Sec. 2 (1988), but
does not contest those convictions on appeal

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1 F.

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of

United States Court of Appeals,

Godfrey Llewellyn Spencer appeals from his conviction for conspiring to

The evidence at trial demonstrated that Spencer was involved in a cocaine

used as proof of a conspiracy. Id. Furthermore, the existence of a conspiracy

In considering circumstantial, as well as direct evidence, and allowing the

Spencer was also convicted for distributing cocaine in violation of 21 U.S.C.A.

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