01-2340 U.S. v. Bolden

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“Much of the evidence presented at trial supported both the charges of possession with intent to distribute and the conspiracy count. Davis testified not only that Mr. Bolden distributed cocaine to Nettles-Bey, but also admitted that he conspired with Mr. Bolden to distribute the cocaine and received payment for his services as middle-man. Likewise, Agent Foley’s surveillance of Mr. Bolden revealed not only that Mr. Bolden distributed cocaine to Nettles-Bey, but also that Davis was present during these transactions which took place at Davis’ home. Agent Foley’s version of events was consistent with Davis’, and the testimony of both witnesses established that Mr. Bolden conspired with Davis to distribute cocaine to Nettles-Bey. Furthermore, Agent Glynn’s observation of a meeting between Mr. Bolden and Eberhardt, who supplied his cocaine, established not only that Mr. Bolden intended to distribute cocaine, but that he conspired with his cocaine supplier to do so. Finally, the telephone records that document communication between Mr. Bolden and Eberhardt further substantiated the existence of a conspiracy. This evidence taken together provided a sufficient basis for the district court to find Mr. Bolden guilty beyond a reasonable doubt of conspiracy, as well as possession with intent to distribute.”

Affirmed.

Appeal from the United States District Court for the Northern District of Illinois, Lindberg, J., Ripple, J.