United States V. Berry

Per Curiam. On December 30, 1992, a jury in the Eastern District of Kentucky returned a verdict of guilty against Kenneth R. Berry for conspiring to possess with intent to distribute cocaine in violation of 21 U.S.C. § 846. Berry raises three issues on appeal. First, he alleges that the district court erred when it failed to dismiss the case for lack of venue. Second, Berry claims that the trial court incorrectly permitted the government to make allegedly prejudicial comments during its closing argument. Finally, Berry contends that the sentencing court impermissibly gave him a three-point sentencing enhancement under section 3B1.1(b) of the United States Sentencing Guidelines. We affirm the district court's decision in its entirety.