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U.S. v. GOMES

No. 02-2496.

376 F.3d 42 (2004)

UNITED STATES of America, Appellee, v. James GOMES, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 21, 2004.

Attorney(s) appearing for the Case

Mark L. Stevens, by appointment of the Court, for appellant.

Donald L. Cabell, Assistant U.S. Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellee.

Before TORRUELLA, Circuit Judge, COFFIN, Senior Circuit Judge, and LYNCH, Circuit Judge.

COFFIN, Senior Circuit Judge.

Appellant James Gomes challenges the sufficiency of the evidence underlying his conviction for conspiracy to possess cocaine base with intent to distribute, in violation of 21 U.S.C. § 846. He claims that the evidence, which described a single purchase, showed only a buyer-seller relationship and not the requisite agreement to deal drugs. Because we believe the jury reasonably could find a plan between appellant and his seller to...

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