Chad Everette Grady was found guilty of possession with intent to distribute crack cocaine and conspiracy to possess and distribute crack cocaine in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(l)(b)(iii), and 846. Grady appeals both his conviction and sentence and we affirm.
I. BACKGROUND
In the fall of 1991, Danny Mosley agreed to cooperate with law enforcement officials in their investigation of drug activity in Fort Dodge, Iowa. On November 4, 1991, Mosley contacted Chad Grady and arranged to purchase twelve rocks of crack cocaine. Mosley purchased the crack cocaine at Brown’s Cafe with $1,000 in marked currency. The next day Mosley contacted Grady and arranged to make another purchase of cocaine at Brown’s Cafe. Mosley was fitted with a transmitting device, given marked currency, and told to say “chili dog” when the sale was complete. Mosley and Grady completed the sale in a rest room and Mosley said “chili dog” to alert the law enforcement officials. As the officers entered the cafe, they found Grady exiting the women’s rest room. As one officer entered the rest room and recovered a baggie of crack cocaine from the toilet, another officer searched Grady and found $637 in cash, which included two marked $100 bills.
On November 14,1991, Grady was charged in a two count indictment with conspiracy to distribute and possess with the intent to distribute five grams or more of crack cocaine, and possession with intent to distribute five grams or more of crack cocaine. On February 13,1992, the jury returned verdicts of guilty on both counts. The district court 1 sentenced Grady to two 151 month concurrent sentences and four years of supervised release. Grady appeals his conviction and sentence.
II. DISCUSSION
A. Fair trial
Grady first argues he was denied a fair trial because the district court refused to appoint new counsel three days before the start of his trial. He contends he was denied effective assistance of counsel because his trial counsel failed to interview witnesses and prepare his defense. It is well-established in this circuit that ineffective assistance of counsel claims generally may not be raised on direct appeal, but are properly raised in collateral post-conviction proceedings where the record can be fully developed.
United States v. Sanchez,
Whether to grant a defendant’s motion to substitute counsel “is a matter committed to the sound discretion of the district
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court,”
United States v. Swinney,
Second, Grady argues he was denied a fair trial because he appeared before the jury in jail clothing. Because Grady did not object and preserve the issue for appeal, we must review Grady’s claim only for plain error.
United States v. Olano,
- U.S. -,
Third, Grady contends he was denied a fair trial because the court erred in permitting government witness Chris Mosley to consult with his attorney on the witness stand. As a preliminary matter, we note that Grady failed to preserve this issue below so our review is for plain error.
Olano,
Finally, Grady argues the government committed reversible error when, during the questioning of a defense witness, the government asked the witness whether his clothing signified he was a member of a gang. The prosecutor’s objectionable question came at the conclusion of the government’s direct examination of a witness who had testified about Grady’s arrest at Brown’s Cafe. Grady argues the question was irrelevant and highly prejudicial. The government contends the question was relevant because it related to the conspiracy charge and the relationship between Grady and the witness. “Reversible error premised on prosecutorial
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misconduct may be established where: (1) the prosecutor’s remarks are improper; and (2) such remarks ‘prejudicially affected the defendant’s rights so as to deprive the defendant of a fair trial.’ ”
United States v. Neumann,
B. Sentencing
The district court calculated Grady’s base offense level at 32 based on a finding that he distributed approximately 2 ounces of crack cocaine. Grady argues the court erred in its determination of the amount of crack cocaine attributable to him and the court’s findings were not specific enough to provide a basis for review. In determining the amount of drugs involved in the offense, we must accept the court’s factual findings unless they are clearly erroneous.
United States v. Lawrence,
Grady’s final contention is that the district court erred in enhancing his base offense level under U.S.S.G. § 3C1.1 for willfully obstructing or impeding judicial proceedings. A district court’s findings in support of the enhancement are reviewed for clear error, and a court’s findings as to the credibility of a witness are “virtually unre-viewable on appeal.”
United States v. Adipietro,
III. CONCLUSION
For the reasons set forth above, we affirm the district court.
Notes
. The Honorable Donald E. O’Brien, Senior District Judge for the Northern District of Iowa.
