UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

v.  No. 00-4880

JOHN DOUGLAS JACKSON, a/k/a Buddy

Dean,

Defendant-Appellant. 

Appeal from the United States District Court

for the District of Maryland, at Baltimore.

Benson E. Legg, District Judge.

(CR-97-246-L)

Submitted: January 22, 2002

Decided: February 8, 2002

Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion. 

COUNSEL

Kenneth W. Ravenell, SCHULMANN, TREEM, KAMINKOW, GILDEN & RAVENELL, P.A., Baltimore, Maryland, for Appellant.

Thomas M. DiBiagio, United States Attorney, Christine Manuelian,

Assistant United States Attorney, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c). 

OPINION

PER CURIAM: 

John Douglas Jackson appeals his jury conviction for conspiracy to

distribute more than five kilograms of cocaine and more than fifty

grams of cocaine base, in violation of 21 U.S.C.A. §§ 841(a)(1), 846

(West 1999). Finding no error, we affirm. 

Jackson contends there was insufficient evidence to convict him.

This Court reviews a jury’s verdict for sufficiency of the evidence by

determining whether there is substantial evidence, when viewed in the

light most favorable to the government, to support the verdict.

Glasser v. United States, 315 U.S. 60, 80 (1942). The evidence demonstrates Jackson obtained large amounts of cocaine from his sources

in New York for distribution to other dealers and customers on the

Eastern Shore of Maryland. Jackson introduced his co-conspirators to

his sources in New York in order to further the conspiracy to distribute cocaine on the Eastern Shore of Maryland. Jackson had several

people accompany him on his trips to New York and would utilize

them to transport the cocaine back to Maryland. Several police officers testified as to the amount of cocaine bought and distributed by

Jackson and his co-conspirators. We find there was sufficient evidence to support the jury’s verdict. 

Jackson next contends the Government created a fatal variance

between the indictment and proof by introducing evidence of multiple

conspiracies when the indictment alleged a single conspiracy. We find

no such variance. See United States v. Kennedy, 32 F.3d 876, 883 (4th

Cir. 1994). 

Jackson next contends testimony from cooperating co-conspirators

about their trips to New York without Jackson to obtain cocaine from

Jackson’s sources to distribute to individuals on the Eastern Shore of

Maryland did not qualify as co-conspirator statements under Fed. R.

2 UNITED STATES v. JACKSON
Evid. 801(d)(2)(E). When the government shows by a preponderance

of the evidence that a conspiracy existed of which the defendant was

a member, and that the co-conspirators’ statements were made in furtherance of the conspiracy, the statements are admissible. United

States v. Neal, 78 F.3d 901, 904-05 (4th Cir. 1996); United States v.

Blevins, 960 F.2d 1252, 1255 (4th Cir. 1992). The Government established that a conspiracy to distribute cocaine to individuals in the

Eastern Shore of Maryland existed and that the co-conspirators’ statements were made in furtherance of the conspiracy. Therefore, we find

the district court did not err in admitting the statements of Jackson’s

co-conspirators. 

Finally, though we grant Jackson’s motion to file a pro se supplemental brief and have considered the claims raised therein, we find

his claims meritless. Accordingly, we affirm Jackson’s conviction and

sentence. 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

UNITED STATES v. JACKSON 3