United States v. Gregory Foster, Johnnie Lee Gibson, Billy Jackson, Ronald H. Wilson

Appellants Gregory Foster, Johnnie Gibson, Billy Jackson, and Ronald Wilson were each found guilty of conspiracy to possess heroin with intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. In addition, appellant Foster was convicted of twenty counts of possession of heroin with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1); appellants Jackson and Wilson were found guilty of one count of possession of heroin with intent to distribute; and appellant Gibson was found guilty of two counts of possession of heroin with intent to distribute, all in violation of 21 U.S.C. § 841 (a)(1). We affirm the convictions on all counts.

Appellants have raised numerous issues on this appeal which we discuss below.

I.

SUFFICIENCY OF THE EVIDENCE

A. Conspiracy

Gibson, Wilson, and Jackson contend that the evidence was insufficient to establish that they participated in the conspiracy charged in the indictment.

When reviewing the sufficiency of the evidence to support a criminal conviction, the critical inquiry is whether, “after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of…