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United States v. Johnson, 1st Cir. (1997)
United States v. Johnson, 1st Cir. (1997)
No. 96-1261
Appellee,
v.
QUINCY D. JOHNSON,
A/K/A QUINCY D. HAMEL,
Defendant, Appellant.
____________________
Before
____________________
Quincy
______
Assistant
U.S.
Attorney,
and
____________________
Jay P.
_______
Per Curiam.
__________
appeal
and a
pro se
considered them,
as well
as the
We
record, and
on
have carefully
deem this
a case
there
remain
appeal.
well
no issues
worthy
of
extensive consideration
on
known
to the
parties, proceed
briefly
to deal
with the
is to the sufficiency
of the evidence.
its
18) that,
renew
But our
I will
motion
at the close of
ruling applies,
of
acquittal on each
There is sufficient
(Transcript p. 449).
there was
no
new
discussion concerned
evidence
submitted.
The
this statement
only
evidentiary
a record, which
find no error.
-2-
But we
Pullum,
the major
impeachment at
credible,
counts.
it
prosecution witness,
trial, but
the jury
satisfies the
Moreover,
other witnesses,
having found
the finding
of
game for
his testimony
sufficiency requirement
Pullum's testimony
and
was fair
under both
was corroborated
a substantial
by two
amount
of
places
A generalized
challenge was
made to interruptions
made by
objections made.
interruptions in
And
identified by appellant.
from the
its brief, we
But no specific
Nor were
government's references
see no
any
to the
possible prejudice,
let
Another
verba, an instruction
the vulnerabilities of
Two defects
first,
were alleged
in the
sentencing process.
The
previously
purchased, was
discretion.
It
different sources
the
seized
purchased.
a matter
committed
no clear
clearly within
error
in
the court's
observing that
drugs should
A variation of
not
be extended
this issue, in
to
those previously
which it was
argued
-3-
seized drugs
should be considered,
made for
the
This was
The
final
issue,
appellant's counsel,
assistance.
this rule
trial
are
by
appellant,
pro
se,
is
that
counsel claims on
from
made
direct appeal
here. None
before
"extraordinary
us,
and have no
of the
for
lack
circumstances."
reason to
deviate
allegations relating
of
See
___
developed
United States
______________
to the
record
v.
and
Diaz_____
As
for
appellant's
pro
se
challenge
to
his
counsel's
counsel
chose
not to
assistance at trial,
brief was
which, as
that
of the
we have just
Affirmed.
________
-4-
effectiveness of
explained, is
not