A jury convicted Darnell Burks of attempted possession with intent to distribute cocaine. See 21 U.S.C. § § 846, 841(a)(1) (1994). Burks filed a Motion for Acquittal or Alternate Motion for New Trial. The District Court 1 denied the motion. Burks appeals, claiming that the evidence was insufficient to allow a jury to cоnclude that he completed a substantial step toward possessing the cocaine. We conclude that the record contains sufficient evidence to support Burks’s conviction.
I.
The case involves the controlled delivery of a package containing cocaine to Burks at his apartment on June 24, 1996. _ The package was addressed to Burks at his home address, and included a return address of Mary Ann Evans, 826 Galapago Street, Spring Valley, California 91977. See Trial Tr. at 38. The label on the package, hоwever, indicated that it was actually mailed from an office located in the 92113 zip code area, see id., which is in San Diego, California. Law enforcement officers intercepted the package, found 542 grams of cocaine contained inside, repackaged it, and then delivered it to Burks. Burks was at home and signed for the package. At the time of delivery, Postal Inspectоr Ron Nelson observed that Burks was the only one present and that the window shades were open. See id. at 55.
Approximately two minutes after Burks accepted the package, officers entered Burks’s home and executed a search warrant. When the offiсers entered the home, Burks was seen running from the master bedroom to the bathroom. See id. at 83. The shades were closed, and officers found the package in the master bedroom. See id. at 76-77. The package had not been opened so that the contents were exposed, but a cut had been made down one side. Officers found a utility knife beside the package, see id. at 46, and elsewhere in the master bedroom found a plate, a razor blade, and a small plastic baggie with some residue. See id. at 62-63. In the headboard of the bed in the master bedroom, officers found seven hundred dollars in cash and three Western Union Money Order receipts totaling sеven hundred dollars. The three receipts named Burks as the sender, Darrell Bell in San Diego as the recipient, and were sent on Junе 20, June 21, and June 23 of 1996. See id. at 85-86, 69-70.
II.
Burks claims that the evidence is insufficient to support his conviction. We will reverse the conviction only “if a reasonable minded jury must have a reasonable doubt as to the existence of one of the crime’s essential elements.”
United States v. Watson,
To prove attempt, the government must show 1) intent to engage in the crime and 2) conduct constituting a substantiаl step towards the commission of the crime.
See United States v. Buchanan,
Burks argues that, because he never opened the package, his actions did not constitute a substantial step. Burks relies primarily on
United States v. Joyce,
This case differs from Joyce because here it was the interventiоn by government agents that ended the chain of events. Officers entered the home just a couple of minutes after Burks received the package. Burks was seen running from the bedroom, where the package was found. The package had been cut dоwn the side and a utility knife was lying beside the package. The jury reasonably could infer that, but for the execution of the search wаrrant just two minutes after the package had been delivered, Burks would have taken irrefutably knowing possession of the cocaine.
Furthermore, the jury was presented with other circumstantial evidence that supports the conclusion that Burks’s actions constituted a substantial step toward actual possession of the cocaine. “A reasonable fact-finder may find guilt beyond a reasonable doubt based solely on circumstantial evidence.”
United States v. Garrett,
We concludе the evidence was sufficient for the jury to convict Burks of attempted possession with intent to distribute cocaine. We therefore affirm Burks’s conviction.
Notes
. The Honorable Garnett Thomas Eisele, United States District Judge for the Eastern District of Arkansas.
