Professional Documents
Culture Documents
No. 10-4938
Appeal from the United States District Court for the District of
South Carolina, at Anderson.
Henry F. Floyd, District Judge.
(8:09-cr-00887-HFF-4)
Submitted:
June 2, 2011
Decided:
PER CURIAM:
Daniel Eugene Frost pled guilty, pursuant to Fed. R.
Crim. P. 11(c)(1)(C), to one count of conspiracy to possess with
the intent to distribute 500 grams or more of methamphetamine,
in violation of 21 U.S.C. 846 (2006).
On appeal, Frost
We affirm.
The district court is required to satisfy itself that
intended
that
to
ensure
the
[district]
court
The rule is
make[s]
clear
factually
sufficient
to
constitute
the
alleged
crime.
United States v. Ketchum, 550 F.3d 363, 366 (4th Cir. 2008)
(internal quotation marks omitted).
defendants
substantial
rights,
United
States
v.
We
conclude
district court.
that
Frost
fails
to
show
error
by
the
agreed
to
possess
with
the
intent
to
distribute
500
and
(3)
the
defendant
knowingly
and
voluntarily
518
(internal
F.3d
220,
227
quotation
marks
omitted).
Frost concedes that the factual basis established that
he
knew
of
the
conspiracy
to
possess
with
the
intent
to
He
that
transaction,
between
a
himself
defendant
standing
is
alone,
and
a
others.
buyer
is
or
Although
seller
insufficient
to
evidence
in
drug
prove
the
995
F.2d
480,
485
evidence
of
transaction
coupled
with
3
Further, [e]vidence of a
a
substantial
quantity
of
(4th
Cir.
omitted).
2008)
quotation
marks
and
ellipsis
transactions
between
parties
are
indicative
of
conspiracy,
Id.
In
this
case,
the
Governments
recitation
of
the
the
residence
of
co-conspirator,
pursuant
to
the
This
Accordingly,
we
discern
no
plain
error
in
the
with
oral
argument
because
the
facts
and
We
legal
AFFIRMED