Documente Academic
Documente Profesional
Documente Cultură
No. 11-5171
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston.
Thomas E. Johnston,
District Judge. (2:10-cr-00048-2)
Submitted:
Decided:
PER CURIAM:
Michael Hardy was charged in a two-count indictment
with aiding and abetting the distribution of five grams or more
of crack cocaine, in violation of 21 U.S.C. 2, 841(a)(1)
(2006).
The
informant
Hardees
arrived
restaurant
in
at
the
Charleston,
designated
West
meeting
Virginiaand,
again
purchased
an
ounce
of
crack
from
Hardys
cocaine
residue
in
bathroom
sink.
In
recorded
insufficient
denied
effective
challenging
burden.
the
support
his
assistance
sufficiency
conviction;
of
of
and
counsel.
the
(2)
An
evidence
he
was
appellant
faces
heavy
Cir. 1997).
grounds
cases
to
of
insufficiency
where
States v.
the
Jones,
of
evidence
prosecutions
735
should
failure
F.2d
785,
is
791
be
confined
clear.
(4th
to
United
Cir.
1984)
[a]
narcotic
distribution,
controlled
and
(3)
substance,
intent
to
(2)
knowledge
distribute
the
of
the
narcotic
controlled substance.
United
We
supported
find
the
government
that
jurys
did
not
the
evidence
verdict.
present
outlined
Hardys
sufficient
above
argument
evidence
clearly
that
to
the
sustain
also
argues
that
he
was
denied
effective
government
witnesses
at
trial.
Unless
an
order
record.
Cir.
to
promote
sufficient
development
of
the
conclusively
Because
established
counsels
by
the
ineffectiveness
record
here,
we
is
not
decline
to
no reversible error.
We
dispense
with
oral
argument
because
the
facts
and
legal
AFFIRMED