Gladney

United States v. Gladney

Good Law
265 F. App'x 681
United States Court of Appeals for the Ninth CircuitFebruary 1, 2008No. 06-30656California841 words

Opinion

lead Opinion

MEMORANDUM **

Julius Gladney appeals his conviction by jury on three counts of distribution of cocaine base, in violation of 21 U.S.C. § 841 . Gladney also appeals the district court’s denial of his motion for a new trial and the denial of his motion for release from custody pending appeal. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The evidence is sufficient to sustain Gladney’s conviction. Although Gladney argues that Henry Grisby’s testimony is unreliable, he has failed to point to any evidence, other than the evidence of Gris-by’s potential bias, that supports this contention. 1 The jury was informed of the payments that Holli Meredith received and the reduced charges Grisby received. “Absent facial incredibility, it is not our role to question the jury’s assessment of witness credibility.” United States v. Tam, 240 F.3d 797, 806 (9th Cir.2001). Moreover, “the witnesses were subjected to full cross-examination by the defense.” United States v. Leung, 35 F.3d 1402, 1405 (9th Cir.1994); see also United States v. Ramirez-Robles, 386 F.3d 1234, 1241 (9th Cir.2004) (reasoning that the jury was in *683 formed of the deal the coconspirator received and that…

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