Circuit Judge.
A jury convicted Kevin Williams of conspiracy to distribute cocaine base, in violation of 21 U.S.C. §§ 841(b)(1)(A) and 846. Williams now challenges the sufficiency of the evidence, the district court’s admission of evidence of other bad acts, and his sentence. We affirm.
I.
Williams was charged with conspiring with Eric Powell and others to distribute cocaine and cocaine base. Powell was a childhood friend of Williams who testified under a grant of immunity as part of a plea agreement with the government. Powell testified that from mid-1997 through October 1998, Williams provided him with crack cocaine on a regular basis. Approximately every other day, Williams provided Powell with quantities ranging from one-eighth of an ounce to two full ounces of crack cocaine. Sometimes Powell collected money from the ultimate buyer up-front and paid Williams for the drugs at the time Powell received them. Other times, Williams provided Powell
Powell’s girlfriend Yvonne Persley also testified. She had been charged with assisting Powell in his drug business, and at the time of Williams’ trial she was awaiting sentencing for her role in the scheme. She testified that Williams was at her house with Powell several times a week, that she heard Powell on the telephone with Williams arranging to receive a “package” for one of Powell’s drug customers, and that she twice saw Williams in possession of wads of cash the size of a tennis ball. Larry Austin, who had been charged with conspiring with Powell, testified under a grant of immunity that he saw Williams sell crack. David Jackson, another of Powell’s co-conspirators, testified that he purchased crack directly from Williams during the relevant time period. Finally, Powell’s brother, Deshawn Powell, testified that he saw Williams sell crack to Powell in the summer and early fall of 1998.
Before trial, the government filed notice that it wished to introduce evidence from five witnesses concerning their observations of Williams possessing and selling crack cocaine during the time of the conspiracy, but not directly relating to the conspiracy with Powell. The court carefully considered the government’s proffer, applying the four-part test set out by this Court in analyzing the evidence. The district court ruled that the prejudice of some of the evidence outweighed its probative value, and this evidence was excluded. The district court ruled that other evidence was relevant to method of operation, motive to conspire and availability of the drug to the defendant, and that the prejudice did not outweigh the probative value for this evidence. The court offered to give limiting instructions to the jury, an offer that Williams accepted. At trial, the court instructed the jury both at the time the evidence was admitted and during final instructions that this other bad acts evidence was to be considered for a limited purpose only, that it could not be used as direct evidence of the crime charged but rather could be used only to show motive, opportunity and method of operation. After the first two “bad acts” witnesses testified, the court further limited the government, believing that additional bad acts testimony would be cumulative. Although the court ruled that the government could put on one more such witness, the government declined to put in further bad acts evidence. The jury subsequently convicted Williams, and the court sentenced him to 151 months of incarceration.
II.
On appeal, Williams first asserts that the evidence was insufficient to allow any rational jury to find that he was guilty of conspiring to distribute a controlled substance. Williams acknowledges the formidable hurdle he must overcome to successfully challenge the sufficiency of the evidence.
See United States v. Van Dreel,
Credibility determinations are within the province of the jury, and we reverse such determinations on appeal only under exceptional circumstances, such as “where it was physically impossible for the witness to observe that which he claims occurred, or impossible under the laws of nature for the occurrence to have taken place at all.”
United States v. Ruiz,
Williams next contends that the district court abused its discretion in admitting evidence of other bad acts committed by him. Federal Rule of Evidence 404(b) provides:
Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, provided that upon request by the accused, the prosecution in a criminal case shall provide reasonable notice in advance of trial, or during trial if the court excuses pretrial notice on good cause shown, of the general nature of any such evidence it intends to introduce at trial.
The government provided notice in advance of trial, and Williams does not challenge the adequacy of that notice. Rather, he complains that the district court conducted only a cursory review of the proffered evidence, and that the admission of this evidence led the jury to convict him based solely on his bad character. The prejudicial effect of the evidence, he contends, greatly exceeded the probative value.
We review rulings determining the admissibility of evidence under Rule 404(b) for an abuse of discretion.
United States v. Wiman,
The district court engaged in a careful analysis of the evidence the government proffered, and decided that, on balance,
We assume that jurors follow the court’s instructions, unless there is substantial evidence to the contrary.
United States v.
Hernandez,
Williams’ final challenge is to the two-point sentence enhancement he received for gun possession under U.S.S.G. § 2D1.1(b)(1). That provision requires a two-level enhancement if a weapon was possessed during the commission of a drug offense, unless it is clearly improbable that the weapon was connected to the offense. Williams complains that the government’s evidence in support of the enhancement is “scant.” The guns were seized from a car parked at the home of Williams’ girlfriend approximately five months after Williams was arrested, and no drugs were ever found. The government notes that Williams was living with his girlfriend at the time of the seizure and that this seizure merely corroborated testimony from David Jackson, a co-conspirator of Powell, that he had seen Williams in possession of a number of different guns during the time Williams was dealing crack cocaine. We need not decide if the government’s evidence was sufficient, however, because Williams received the statutory minimum sentence for a person with a prior felony drug conviction who is subsequently convicted of an offense involving in excess of 50 grams of crack. Williams does not dispute that he was eligible for this statutory minimum or that he in fact received the statutory minimum. As a result, his challenge to the two-level enhancement is moot, and we need not decide the issue.
See United States v. Ivory,
AFFIRMED.
