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U.S. v. MITCHELL

No. 93-8358.

31 F.3d 271 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Tyron Mouton MITCHELL, Byron Lamonte McCutcheon, Raymond Lee Harbert, Jr., Corey Lamont Harbert and Derrick Dwayne Briscoe, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 25, 1994.

Attorney(s) appearing for the Case

Stanley Rentz, Waco, TX (Court-appointed), for D.D. Briscoe.

Scott Peterson, Waco, TX (Court-appointed), for R.L. Harbert.

J. Marlin Blackledge, Waco, TX (Court-appointed), for Corey L. Harbert.

Brian Pollard, Waco, TX (Court-appointed), for B.L. McCutcheon.

Richard Ferguson, Waco, TX (Court-appointed), for Mitchell.

Richard L. Durbin, Jr., Asst. U.S. Atty., James H. DeAtley, Acting U.S. Atty., San Antonio, TX, Mervyn Hamburg, U.S. Dept. of Justice, Washington, DC, for appellee.

Before POLITZ, Chief Judge, DUHÉ, and BARKSDALE, Circuit Judges.

DUHÉ, Circuit Judge.

Tyron Mitchell, Byron McCutcheon, Raymond Harbert, Corey Harbert, and Derrick Briscoe (collectively "Appellants") were convicted of a conspiracy to possess crack cocaine with intent to distribute. Appellants challenge their convictions and sentences. We affirm.

BACKGROUND

In 1990, an undercover drug investigation identified Delvin Livingston, among others, as supplying cocaine and overseeing the distribution of crack cocaine...

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