Filed: May 13, 2020
Latest Update: May 13, 2020
Summary: NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 19-2323 _ UNITED STATES OF AMERICA v. DARA HAYNIE, APPELLANT _ Appeal from the United States District Court for the Western District of Pennsylvania (District Court No. 2-17-cr-00275-002) District Judge: Honorable David S. Cercone _ Submitted Under Third Circuit L.A.R. 34.1(a) March 9, 2020 _ Before: McKEE, AMBRO, and PHIPPS, Circuit Judges. (Opinion filed: May 13, 2020) _ OPINION* _ * This disposition is not an opinion
Summary: NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 19-2323 _ UNITED STATES OF AMERICA v. DARA HAYNIE, APPELLANT _ Appeal from the United States District Court for the Western District of Pennsylvania (District Court No. 2-17-cr-00275-002) District Judge: Honorable David S. Cercone _ Submitted Under Third Circuit L.A.R. 34.1(a) March 9, 2020 _ Before: McKEE, AMBRO, and PHIPPS, Circuit Judges. (Opinion filed: May 13, 2020) _ OPINION* _ * This disposition is not an opinion o..
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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
_____________
No. 19-2323
_____________
UNITED STATES OF AMERICA
v.
DARA HAYNIE,
APPELLANT
______________
Appeal from the United States District Court
for the Western District of Pennsylvania
(District Court No. 2-17-cr-00275-002)
District Judge: Honorable David S. Cercone
______________
Submitted Under Third Circuit L.A.R. 34.1(a)
March 9, 2020
______________
Before: McKEE, AMBRO, and PHIPPS, Circuit Judges.
(Opinion filed: May 13, 2020)
_______________________
OPINION*
______________________
*
This disposition is not an opinion of the full court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.
McKEE, Circuit Judge.
Dara Haynie appeals the denial of her motion for judgment of acquittal on the
charge of possessing with intent to distribute heroin, butyryl fentanyl, and fentanyl within
one thousand feet of a playground and a public housing facility in violation of 21 U.S.C.
§ 860(a). For the reasons that follow, we will affirm.1
When reviewing a post-judgment challenge to the sufficiency of the evidence, we
review “the evidence in the light most favorable to the jury verdict and presume that the
jury properly evaluated credibility of the witnesses, found the facts, and drew rational
inferences.”2 We exercise plenary review,3 but will affirm if “any rational trier of fact
could have found the essential elements of the crime beyond a reasonable doubt.”4
Relevant here,“[c]onstructive possession necessarily requires both ‘dominion and
control’ over an object and knowledge of that object's existence.”5
This standard is easily satisfied in this case. Appellant’s contention that no direct
evidence proved her possession of the narcotics does not address the extensive
circumstantial evidence offered by the government which a rational fact finder could
have found to infer possession. The text messages in particular demonstrate that
1
The district court had jurisdiction under 18 U.S.C. § 3231 and we have jurisdiction over
this appeal under 28 U.S.C. § 1291.
2
U.S. v. Iafelice,
978 F.2d 92, 94 (3d Cir. 1992) (citing United States v. Coleman,
811
F.2d 804, 807 (3d Cir.1987)).
3
United States v. Repak,
852 F.3d 230, 250 (3d Cir. 2017) (quoting United States v.
Starnes,
583 F.3d 196, 206 (3d Cir. 2009)).
4
United States v. Burnett,
773 F.3d 122, 135 (3d
Cir. 2014) (quoting Jackson v. Virginia,
443 U.S. 307, 318-19 (1979)).
5
U.S. v. Brown,
3 F.3d 673, 680 (3d Cir. 1993) (quoting
Iafelice, 978 F.2d at 96).
2
Appellant was weighing and transporting illicit compounds for her husband, and that she
knew what these substances were. While physical searches of the property did not
produce any drugs, the government offered substantial evidence that Ms. Haynie had
personally handled the illicit substances via text messages between the couple.6 The
messages also demonstrate that Ms. Haynie had personally delivered drugs in the
couple’s car at her husband’s direction.7
While these messages do not explicitly identify the items being transported, the
jury could rationally find, in the context of the evidence offered at trial, that Appellant
had possessed the charged narcotics. Therefore, we will affirm the judgment of the
district court.
6
S. App. at 156.
7
Id. at 160.
3