Opinion · Court of Appeals for the Fifth Circuit

United States of America, Plantiff-Appellee v. Elbert Grayson

625 F.2d 66

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1980-08-28
Topic
bankruptcy

How later courts describe this case

  • holding that intent to sell may be inferred from possession of 304.77 grams of cocaine

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Cited by
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UNITED STATES v. GRAYSON,625 F.2d 66(5th Cir. 1980)
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. ELBERT GRAYSON,
DEFENDANT-APPELLANT.
No. 79-5550.
Summary Calendar.fn*
United States Court of Appeals, Fifth Circuit.
August 28, 1980.
Robert Rosenblatt, Miami, Fla. (Court-Appointed), for defendant-appellant.

Stephen B. Gillman, Asst. U.S. Atty., Miami, Fla., for plaintiff-appellee.
Appeal from the United States District Court for the Southern District of Florida.
Before GEE, HENDERSON and HATCHETT, Circuit Judges.
HATCHETT, Circuit Judge.
[1] The only issue presented for review in this case is whether evidence consisting solely of the quantity of the controlled substance seized is sufficient to uphold an inference of intent to distribute. We hold that it is sufficient, and affirm.

[2] Upon arrival at Miami International Airport from Santa Cruz, Bolivia, on May 3, 1979, Elbert Grayson was found to have concealed on his person four packages containing 413.1 grams of dilute cocaine hydrochloride. This amount is the equivalent of 304.77 grams of cocaine.

[3] Grayson was convicted on both counts of a two-count indictment charging importation of cocaine in violation of21 U.S.C. § 952(a) and possession of cocaine with intent to distribute in violation of21 U.S.C. § 841(a)(1). He was sentenced to concurrent terms of two years imprisonment on each count.

[4] Intent to distribute a controlled substance under21 U.S.C. § 841may be inferred solely from possession of a large amount of the substance.United States v. Vomero,567 F.2d 1315(5th Cir. 1978);United States v. Johnson,469 F.2d 973(5th Cir. 1972);United States v. Mather,465 F.2d 1035(5th Cir.),cert.denied,409 U.S. 1085,93 S.Ct. 685,34 L.Ed.2d 672(1972). InUnited States v. Matherwe found the defendant's possession of 197.75 grams of cocaine, without more, to be sufficient to support the inference that distribution was intended. Cf.Turnerv. United States,396 U.S. 398,90 S.Ct. 642,24 L.Ed.2d 610(1970);United States v. Olvera,Page 67523 F.2d 1252(5th Cir. 1975). (In these cases, the amount of cocaine, less than one gram and two grams, was too small to infer intent to distribute.)

[5] Because we find the cocaine found in Grayson's possession to be of sufficient quantity to support an inference of intent to distribute, we affirm the judgment of the district court.

[6] AFFIRMED.
  1. Fed.R.App.P.34(a); 5th Cir. R. 18. ↩