Filed: Jul. 09, 1999
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-31136 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus KIBIBI NAYO DAVISON, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 98-CR-0070-B-ALL - - - - - - - - - - July 7, 1999 Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges. PER CURIAM:* Kibibi Nayo Davison appeals her jury conviction for conspiracy to interfere w
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-31136 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus KIBIBI NAYO DAVISON, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 98-CR-0070-B-ALL - - - - - - - - - - July 7, 1999 Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges. PER CURIAM:* Kibibi Nayo Davison appeals her jury conviction for conspiracy to interfere wi..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-31136
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KIBIBI NAYO DAVISON,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 98-CR-0070-B-ALL
- - - - - - - - - -
July 7, 1999
Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Kibibi Nayo Davison appeals her jury conviction for
conspiracy to interfere with commerce by robbery and solicitation
of robbery in violation of 18 U.S.C. §§ 373, 1951. Her unopposed
motion to supplement the record is GRANTED.
Davison contends that the district court erred in admitting
evidence of her alleged involvement in a drug conspiracy and
another planned robbery as other acts evidence under Rule 404(b)
of the Federal Rules of Evidence. Because the evidence of
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 98-31136
-2-
Davison’s $6000 loan to Terrance Williams and her involvement
with another planned robbery which was not charged was relevant
to her motive and intent in the charged conspiracy to commit
robbery and solicitation of robbery, the district court did not
abuse its discretion in admitting the other acts evidence. See
United States v. Misher,
99 F.3d 664, 670 (5th Cir. 1996); United
States v. Beechum,
582 F.2d 898, 911 (5th Cir. 1978)(en banc).
Davison argues that the district court clearly erred in
increasing her offense level by two points for obstruction of
justice under § 3C1.1 of the U.S. Sentencing Guidelines based on
her alleged perjury at trial. The district court made sufficient
findings that Davison committed perjury when she testified that
she loaned $6000 to Williams for various personal reasons, based
on the testimony of Aqui Simpson and Nicole Pope presented by the
Government that Davison loaned $6000 to Williams to purchase
heroin and “flip” or double the money for her. Therefore, the
district court did not clearly err in increasing her offense
level by two points for obstruction of justice based on Davison’s
perjury. See United States v. Storm,
36 F.3d 1289, 1295 (5th
Cir. 1994).
Davison contends that the district court clearly erred in
increasing her offense level by two points under § 2B3.1(b)(4) of
the Guidelines based on its finding that she and her
coconspirators intended to use physical restraint of the robbery
victim. Because the Government presented a recorded telephone
conversation between Williams and Simpson in which they
specifically discussed using physical restraint against the
No. 98-31136
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robbery victim, the district court did not clearly err in holding
that a two-level increase was warranted under § 2B3.1(b)(4)
because she and her coconspirators specifically intended to use
physical restraint against the robbery victim. See U.S.S.G.
§ 2B3.1(b)(4).
MOTION GRANTED; JUDGMENT AFFIRMED.