United States v. Larry A. Campbell, 702 F.2d 262 (D.C. Cir. 1983). · Go Syfert
United States v. Larry A. Campbell, 702 F.2d 262 (D.C. Cir. 1983). Cases Citing This Book View Copy Cite
55 citation events (46 in the last 25 years) across 8 distinct courts.
Treatment trajectory · 1983 → 2026 · click a year to view as-of
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Cited for
At page 264 Review of post-verdict motion for judgment of acquittal36 citing cases“must view the evidence in the light most favorable to the verdict, and must presume that the jury has properly carried out its functions of evaluating the credibility of witnesses, finding the facts, and drawing justifiable inferences.”7 citing courts quote it · 30 listed here
  • United States v. Mills, No. 2024-0332 (D.D.C. Aug. 21, 2025).published
    Moreover, courts “must presume that the jury properly carried out its functions of evaluating the credibility of witnesses, finding the facts, and drawing justifiable inferences.” United States v. Campbell, 702 F.2d 262, 264 (D.C.
  • United States v. Dupree, No. 2022-0275 (D.D.C. Mar. 13, 2025).published 2 cites
    As such, the Court “must view the evidence in the light most favorable to the verdict, and must presume that the jury has properly carried out its functions of evaluating the credibility of witnesses, finding the facts, and drawing justifi…
  • United States v. Young-Bey, No. 2021-0661 (D.D.C. Feb. 28, 2025).published
    And the Court “must presume that the jury has properly carried out its 3 functions of evaluating the credibility of witnesses, finding the facts, and drawing justifiable inferences.” United States v. Campbell, 702 F.2d 262, 264 (D.C. Cir.…
  • United States v. Lee, No. 2023-0368 (D.D.C. Nov. 20, 2024).published
    The verdict may be reversed “only if no reasonable [factfinder] could accept the evidence as sufficient to support the conclusion of the defendant’s guilt beyond a reasonable doubt.” United States v. Campbell, 702 F.2d 262, 264 (D.C.
  • United States v. Vazquez, No. 2021-0597 (D.D.C. Oct. 30, 2023).published
    The jury has the well-established right “to determine credibility, weigh the evidence and draw justifiable inferences of fact,” United States v. Battle, 613 F.3d 258, 264 (D.C. Cir. 2010) (citation omitted), and a court must presume that “…
  • United States v. Cappuccio, No. 2021-0040 (D.D.C. Oct. 23, 2023).published
    The verdict may be overruled “only if no reasonable [factfinder] could accept the evidence as sufficient to support the conclusion of the defendant’s guilt beyond a reasonable doubt.” United States v. Campbell, 702 F.2d 262, 264 (D.C.
  • United States v. Hale-Cusanelli, 628 F. Supp. 3d 320 (D.D.C. 2022).published
    The Court also “must presume that the jury has properly carried out its functions of evaluating the credibility of witnesses, finding the facts, and drawing justifiable inferences.” United States v. Campbell, 702 F.2d 262, 264 (D.C.
  • United States v. Tarek Abou-Khatwa, 40 F.4th 666 (D.C. Cir. 2022).published
    Tibbs v. Florida, 457 U.S. 31 , 38 n.11 (1982); United States v. Campbell, 702 F.2d 262, 264 (D.C. Cir. 1983); see United States v. Shabban, 612 F.3d 693, 696 (D.C. Cir. 2010). 4 year, regardless of the addition or subtraction of any new m…
  • United States v. Reffitt, 602 F. Supp. 3d 85 (D.D.C. 2022).published
    And it “must presume that the jury has properly carried out its functions of evaluating the credibility of witnesses, finding the facts, and drawing justifiable inferences.” United States v. Campbell, 702 F.2d 262, 264 (D.C. Cir. 1983). “[…
  • United States v. Shi, No. 2017-0110 (D.D.C. Dec. 17, 2019).published
    Cir. 1990), it “must presume that the jury has properly carried out its functions of evaluating the credibility of witnesses, finding the facts, and drawing justifiable inferences,” United States v. Campbell, 702 F.2d 262, 264 (D.C.
Show 20 more citing cases
  • United States v. Bowser, No. 2016-0059 (D.D.C. July 17, 2018).published
    Cir. 1990), the court “must view the evidence in the light most 6 favorable to the verdict, and must presume that the jury has properly carried out its functions of evaluating the credibility of witnesses, finding the facts, and drawing ju…
  • United States v. Thompson, 275 F. Supp. 3d 107 (D.D.C. 2017).published
    Rule 29 Motion for Judgment of Acquittal Federal Rule of Criminal Procedure 29(c) requires a court to grant a defendant’s motion for a judgment of acquittal after a verdict has been rendered for any “offense for which the evidence is insuf…
  • United States v. Williamson, 81 F. Supp. 3d 85 (D.D.C. 2015).published 2 cites
    Further, a court “must presume that the jury properly carried out its functions of evaluating the credibility of witnesses, finding the facts, and drawing justifiable inferences.” United States v. Campbell, 702 F.2d 262, 264 (D.C.
  • United States v. Martinez-Amaya, 986 F. Supp. 2d 39 (D.D.C. 2013).published
    The Court “must presume that the jury properly carried out its functions of evaluating the credibility of witnesses, finding the facts, and drawing jus *45 tifiable inferences.” United States v. Campbell, 702 F.2d 262, 264 (D.C.Cir.1983);…
  • United States v. Richard Caraballo-Rodriguez, 726 F.3d 418 (3d Cir. 2013).published
    In all other areas, our review for sufficiency is, as noted above, highly deferential, and we will overturn a verdict only “if no reasonable juror could accept the evidence as sufficient to support the conclusion of the defendant’s guilt b…
  • United States v. Wheeler, 889 F. Supp. 2d 64 (D.D.C. 2012).published
    RULE 29 Rule 29(a) of the Federal Rules of Criminal Procedure provides that “[i]f the jury has returned a guilty verdict, the court may set aside the verdict and enter an acquittal.” In reviewing a post-verdict motion for judgment of acqui…
  • United States v. Coughlin, 821 F. Supp. 2d 35 (D.D.C. 2011).published
    The Court “must view the evidence in the light most favorable to the verdict, and must presume that the jury properly carried out its functions of evaluating the credibility of witnesses, finding the facts, and drawing justifiable inferenc…
  • United States v. Ring, 768 F. Supp. 2d 302 (D.D.C. 2011).published
    MOTION FOR JUDGMENT OF ACQUITTAL A. Rule 29 Fed.R.Crim.P. 29(c) provides that “[i]f the jury has returned a guilty verdict, the court may set aside the verdict and enter an acquittal.” In reviewing a post-verdict motion for judgment of acq…
  • United States v. Wilson, 720 F. Supp. 2d 51 (D.D.C. 2010).published
    MOTION FOR JUDGMENT OF ACQUITTAL In reviewing a post-verdict motion for judgment of acquittal, a court must look at the entire record, United States v. Byfield, 928 F.2d 1163, 1166 (D.C.Cir.1991), and “must view the evidence in the light m…
  • United States v. Cook, 526 F. Supp. 2d 10 (D.D.C. 2007).published
    (Def.’s Post Trial Mot. at 1 n. 1.) In reviewing a post-verdict motion for judgment of acquittal under Rule 29, a court “must view the evidence in the light most favorable to the verdict.” United States v. Campbell, 702 F.2d 262, 264 (D.C.…
  • United States v. Michael Lacy, 446 F.3d 448 (3d Cir. 2006).published 2 cites
    United States v. Coleman, 811 F.2d 804, 807 (3d Cir.1987) (quoting United States v. Campbell, 702 F.2d 262, 264 (D.C.Cir.1983)).
  • United States v. Hoover-Hankerson, 406 F. Supp. 2d 76 (D.D.C. 2005).published
    The following evidence, recited in the light most favorable to the verdict, see United States v. Campbell, 702 F.2d 262, 264 (D.C.Cir.1983), was produced during the course of the seven-day trial.
  • United States v. Davis, 402 F. Supp. 2d 252 (D.D.C. 2005).published
    The court “must view the evidence in the light most favorable to the verdict, and must presume that the jury has properly carried out its functions of evaluating the credibility of witnesses, finding the facts, and drawing justifiable infe…
  • United States v. Hevener, 382 F. Supp. 2d 719 (E.D. Pa. 2005).published
    When considering a post-trial motion for judgment of acquittal, the district court “must review the evidence in light most favorable to the verdict, and must presume that the jury has properly carried out its functions of evaluating credib…
  • United States v. Anderskow, No. 95-5093,95-5094 (3d Cir. July 9, 1996).
    We will overturn a verdict only "if no reasonable juror could accept evidence as sufficient to support the conclusion of the defendant's guilt beyond a reasonable doubt." United States v. Coleman, 811 F.2d 804, 807 (3d Cir. 1987) (quoting…
  • United States v. Ralph A. Anderskow, United States of Am. v. Donald Anchors, 88 F.3d 245 (3d Cir. 1996).published
    We will overturn a verdict only “if no reasonable juror could accept evidence as sufficient to support the conclusion of the defendant’s guilt beyond a reasonable doubt.” United States v. Coleman, 811 F.2d 804, 807 (3d Cir.1987) (quoting U…
  • United States v. LBS Bank-New York, Inc., 757 F. Supp. 496 (E.D. Pa. 1990).published
    Unites States v. Coleman, 811 F.2d 804, 807 (3rd Cir.1987), cert. denied, 490 U.S. 1070 , 109 S.Ct 2074 , 104 L.Ed.2d 638 (1989), quoting United States v. Campbell, 702 F.2d 262, 264 (D.C.Cir.1983) (citations omitted). 6 The fact that evid…
  • United States v. Nathaniel Coleman, A/K/A "Boo Tee Coleman", Anthony Del Bono, A/K/A "Nonnie Del Bono", 811 F.2d 804 (3d Cir. 1987).published
    United States v. Campbell, 702 F.2d 262, 264 (D.C.Cir.1983) (citations omitted); see also United States v. Castro, 776 F.2d 1118, 1125 (3d Cir.1985), cert. denied, — U.S. —, 106 S.Ct. 1233 , 89 L.Ed.2d 342 (1986); United States v. Dixon, 6…
  • United States v. Baez, No. 2021-0507 (D.D.C. Jan. 17, 2025).published
    Cir. 1983) (emphasis omitted); see United States v. Campbell, 702 F.2d 262, 264-65 (D.C.
  • United States v. Zabavsky, No. 2021-0598 (D.D.C. Dec. 6, 2023).published
    Granting a defendant’s motion for judgment of acquittal “is appropriate only when there is no evidence upon which a reasonable juror might fairly conclude guilt beyond a reasonable doubt.” United States v. Weisz, 718 F.2d 413, 438 (D.C. Ci…
At page 267 Determining evidentiary basis for jury action under rule 29(c)4 citing casesGuilt, according to a basic principle in our jurisprudence, must be established beyond a reasonable doubt[, a]nd, unless that result is possible on the evidence, the judge must not let the jury act; he must not let it act on what would necessarily be only surmise and conjecture, without evidence.1 citing court put it this way · 2 listed here
  • United States v. de la Cruz Paulino, 61 F.3d 986 (1st Cir. 1995).published
    United States v. Campbell, 702 F.2d 262, 267 (D.C.Cir.1983) (quoting Cooper v. United States, 218 F.2d 39, 42 (D.C.Cir.1954)) (alteration in Campbell).
  • United States v. Norma Hernandez, 301 F.3d 886 (8th Cir. 2002).published 2 cites
    (Guilt, according to a basic principle in our jurisprudence, must be established beyond a reasonable doubt[, a]nd, unless that result is possible on the evidence, the judge must not let the jury act; he must not let it…)
At page 265 “We disagree— the record contains no such evidence.”1 citing casethe opinion's own words at *265
At page 286 affirming trial court’s grant of defendant’s post-verdict motion for acquittal because there was no direct or circumstantial evidence that defendant consciously and actively aided the perpetrator in the commission of the specific crime charged1 citing case1 citing court put it this way
  • Nanton v. People, 52 V.I. 466 (2009).published
    (affirming trial court’s grant of defendant’s post-verdict motion for acquittal because there was no direct or circumstantial evidence that defendant consciously and actively aided the perpetrator in the commission of th…)
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellant,
v.
Larry A. CAMPBELL
81-1757.
Court of Appeals for the D.C. Circuit.
Mar 15, 1983.
Published opinion
702 F.2d 262
1983 U.S. App. LEXIS 29663
E. Anne McKinsey, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., John A. Terry, Asst. U.S. Atty., Washington, D.C., at the time the brief was filed, John P. Hume, Carol E. Bruce and William J. Birney, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellant., Arnold M. Weiner, Baltimore, Md., with whom John R. Dugan, Washington, D.C., was on the brief, for appellee.
Tamm, Mikva, Ginsburg.
Cited by 44 opinions  |  Published
MIKVA, Circuit Judge:

This case involves review of a district court’s post-verdict judgment of acquittal. In March 1981, a jury found Larry Campbell guilty of giving an illegal gratuity in violation of 18 U.S.C. § 201(f) (1976). Three months later, however, the trial judge granted Campbell’s post-verdict motion for acquittal; in the court’s view, there was insufficient evidence upon which a reasonable juror could conclude beyond a reasonable doubt that Campbell was guilty of giving the illegal gratuity for which he was convicted. In light of our review of the record in this case, and in accordance with the principles of appellate review of such motions articulated by this court today in United States v. Singleton, 702 F.2d 1182 (D.C.Cir.1983) (en banc) (per curiam), we affirm the district court.

I. Background

Excavation Construction, Inc. (ECI) and its co-founder, Larry Campbell, were indicted in 1980 in connection with the alleged bribery of Judge Robert H. Campbell (no relation to the appellant) of the District of Columbia Superior Court. These indictments were based on allegations of a scheme in which Judge Campbell would leniently review ECI’s traffic tickets in ex[*264] change for cash and in-kind payments. The scheme purportedly stemmed from ECI’s operation of approximately eighty dump-trucks, used by the company in its construction of Metro subway stations, and subject to the vehicle weight restrictions of the District of Columbia. Although ECI was ticketed repeatedly for violation of the District’s weight restrictions, in over ninety percent of the 1,138 tickets involving ECI that were considered by Judge Campbell, sentence was suspended.

ECI, Judge Campbell, and Larry Campbell were charged in a four-count indictment alleging conspiracies in violation of 18 U.S.C. § 1962(d) (1976) (RICO) and 18 U.S.C. § 371 (1976), and the giving and receiving of bribes in violation of 18 U.S.C. §§ 201(b)-201(c) (1976). The indictment alleged sixteen separate instances of bribery: twelve cash payments and four non-cash gifts. The gifts included a garden cultivator, several cases of liquor, three loads of topsoil, and a move of Judge Campbell’s household belongings. By the time the case went to the jury, however, the bribery scheme alleged in the indictment had been confined to five cash payments and the move of household goods.

The trial judge instructed the jury on the lesser-included bribery offense of giving and receiving an illegal gratuity, but denied Larry Campbell’s requst that the jury be instructed that the guilt or innocence of each defendant be considered separately. After four days of deliberation, the jury acquitted all defendants on both conspiracy counts. By way of a special verdict form, the jury also acquitted the defendants of bribery, and found that there was no illegal gratuity given or received in connection with any of the five cash payments alleged. But the jury did find each defendant guilty in connection with the move of Judge Campbell’s household belongings — ECI and Larry Campbell for giving that illegal gratuity, and Judge Campbell for receiving it.

The trial court sentenced ECI and Judge Campbell for the giving and receiving of the household move, and we affirmed their convictions and sentences in United States v. Campbell, 684 F.2d 141 (D.C.Cir.1982). The trial court, however, granted Larry Campbell’s post-verdict motion for judgment of acquittal under Rule 29(c) of the Federal Rules of Criminal Procedure. Rule 29(c) allows a criminal defendant to move the trial court to set aside the jury’s verdict of guilty when the verdict is unsupported by legally sufficient evidence. See Fed.R. Crim.P. 29(a)-(c). In the present case, the trial judge granted Larry Campbell’s Rule 29(c) motion and the Government appeals from the district court’s order.

II. Analysis

Government appeals from judgments granting acquittal after the verdict under Rule 29(c) are a relatively new phenomenon, stemming from a 1970 amendment to the Criminal Appeals Act, 18 U.S.C. § 3731 (1976). Although the Supreme Court has heretofore approved this practice only when the acquittals after verdict were based on other legal grounds, see, e.g., United States v. Wilson, 420 U.S. 332, 95 S.Ct. 1013, 43 L.Ed.2d 232 (1975), the courts of appeals have extended this appellate review to findings of evidentiary insufficiency as well. See, e.g., United States v. Steed, 674 F.2d 284, 285-286 (4th Cir.1982) (en banc); United States v. Blasco, 581 F.2d 681, 683 (7th Cir.), cert. denied, 439 U.S. 966, 99 S.Ct. 456, 58 L.Ed.2d 425 (1978).

The standard to be applied by an appellate court in reviewing a post-verdict judgment of acquittal is the same as that applied by the trial court. Both courts must view the evidence in the light most favorable to the verdict, and must presume that the jury has properly carried out its functions of evaluating the credibility of witnesses, finding the facts, and drawing justifiable inferences. A verdict will be overruled only if no reasonable juror could accept the evidence as sufficient to support the conclusion of the defendant’s guilt beyond a reasonable doubt. See United States v. Staten, 581 F.2d 878, 882 (D.C.Cir. 1978); Curley v. United States, 160 F.2d 229 (D.C.Cir.), cert. denied, 331 U.S. 837, 67 S.Ct. 1511, 91 L.Ed. 1850 (1947). Applying[*265] this standard to the facts of this case, the Government argues that the record contains sufficient evidence to convict Larry Campbell as an aider and abettor in the giving of an illegal gratuity (the move of household goods) to Judge Campbell. We disagree— the record contains no such evidence.

In order to aid and abet the commission of an offense, a defendant must “associate himself” with it, must “participate in it as in something that he wishes to bring about,” and must “seek by his action to make it succeed.” Nye & Nissen v. United States, 336 U.S. 613, 619, 69 S.Ct. 766, 770, 93 L.Ed. 919 (1949). Although an aider and abettor “need not perform the substantive offense, ... need not know its details, ... and need not even be present ....,” United States v. Sampol, 636 F.2d 621, 676 (D.C.Cir.1980) (citations omitted), it must be proven “that the defendant consciously assisted the commission of the specific crime in some active way.” United States v. Dickerson, 508 F.2d 1216,1218 (2d Cir.1975). Although constrained by the strict standard under which a trial judge can test the legal sufficiency of the evidence, the district court applied the standard for aiding and abetting to the facts in this case and granted Larry Campbell’s post-verdict motion for acquittal:

Based on the record in this case there was no evidence to convict the defendant Larry A. Campbell as an aider and abettor in the giving of an illegal gratuity to Judge Campbell....

******

A review of the evidence against Larry A. Campbell convinces this court that there was insufficient evidence upon which a reasonable mind could fairly conclude guilt beyond a reasonable doubt on the offense for which Larry A. Campbell was convicted.

Memorandum and Order at 2-3, reprinted in Joint Appendix at 138-39. Our review of the record in this case confirms the conclusion of the district court.

Nothing in the record links Larry Campbell to the household move. Instead, the evidence concerning the move of Judge Campbell’s belongings revolves entirely around Robert Jenkins, ECI’s assistant general manager, who had responsibility for supervision of the ECI truck fleet. Jenkins was solely responsible for arranging the household move: the subject came up when Jenkins was at Judge Campbell’s house, Jenkins rented the truck used during the move, and Jenkins paid the ECI employees who were assigned to do the moving. United States v. Campbell, 684 F.2d at 146 n. 6. Neither direct nor circumstantial evidence suggests that Larry Campbell acted as one who “aids, abets, counsels, commands, induces or procures,” or as one who otherwise willfully caused, the improprieties committed by ECI, within the meaning of 18 U.S.C. § 2 (1976). Even though Larry Campbell had co-founded the company, Jenkins for some time had exercised an unquestioned authority to withdraw funds from ECI on the representation that they would be used for business and travel expenses. And although the corporate accounting for these outlays was lax, there was no proof that Larry Campbell affirmatively encouraged Jenkins to use these funds for gifts to Judge Campbell. See Transcript (Tr.) 2076-77 (Larry Campbell ceased to have major responsibilities over ECI’s day-to-day financial transactions in 1976). Generally, the record indicates that Jenkins was not closely supervised in his day-to-day control of ECI business operations and that Larry Campbell was involved in the field operations of a number of companies besides ECI.

Jenkins, on whose testimony the government principally relied, testified that he first met Judge Campbell in 1970 at a meeting between representatives of a trucking association and law enforcement personnel, and that Larry Campbell attended the same meeting. Tr. 890-94, 945. Except for that one occasion, however, Jenkins never saw Larry Campbell and Judge Campbell in each other’s presence. Tr. 945-46, 1286.[*266] Nor could any other witness say that Larry Campbell had been with Judge Campbell at other occasions. E.g., Tr. 4121 (testimony of Judge Campbell’s law clerk); Tr. 1771, 1988-90 (testimony of Judge Campbell’s secretary from 1967-1979). Jenkins did testify that when Judge Campbell first requested a “loan” in 1970, Jenkins cleared the request with Larry Campbell. He added, however, that Larry Campbell said, “Let him have it but get a note signed for it.” Tr. 952. Jenkins testified that he made the arrangements for the loan without additional consultation with Larry Campbell, Tr. 955, and that he kept Judge Campbell’s note locked in a desk drawer for five years, until Judge Campbell asked that it be returned. Tr. 964. Jenkins also stated that Larry Campbell was neither consulted about the return of the note nor informed that it had taken place. Tr. 965. Thus, .Jenkins refused to connect Larry Campbell with any of Jenkins’ other dealings with Judge Campbell.

Jenkins’ testimony concerning the move is especially relevant. Jenkins stated that he had received no instructions from Larry Campbell, but rather had acted on his own. He also testified that he had consistently told the prosecutors that Larry Campbell played no role in the move or in any of the other gifts that Jenkins gave to Judge Campbell. Moreover, during the trial, he reaffirmed his earlier statements:

Q: And you have never said anything to contradict that; have you?

A: No.

Q: And you have never come back and said that wasn’t so; have you?

A: No.

Q: And as a matter of fact, in all of those items you did act entirely on your own; didn’t you?

A: Yes.

Q: And, as to any of those, it is a fact, isn’t it, sir, you received no instructions from either Larry Campbell or Jack Lyon?

A: That is correct.

Tr. 1285-86.

Admittedly, the prosecution could argue from some circumstantial evidence that Larry Campbell may have acquiesced in a scheme of corporate bribery. But that argument, as to the conspiracy or bribery counts of the indictment, has been forever silenced by the jury’s voice. On the illegal gratuity charge, there is simply no eviden-tiary basis upon which this theoretical argument can sustain Larry Campbell’s conviction as an aider and abettor of the move of Judge Campbell’s household goods. As the district court observed: “[TJhere was insufficient evidence upon which a reasonable mind could fairly conclude guilt beyond a reasonable doubt on the offense for which Larry Campbell was convicted.” Memorandum and Order at 3 (emphasis added).

The district court’s assessment of the evidence in this case reflects the considered opinion of an expert trial judge who was intimately familiar with the evidence. Accordingly, his assessment deserves our consideration. This is not to say, of course, that we “defer” to the trial court’s judgment, in the sense of abdicating our own responsibility to review the record. But, as the court has decided, “we may consider and be influenced by the opinion of the expert trial judge who has lived with the case — just as we give weight to one another’s views.” Singleton, at 1183. The district court’s view of the evidence in this case buttresses our own conclusion that Larry Campbell’s conviction was not supported by legally sufficient evidence.

Conclusion

There would be no constructive purpose served in speculating about how the jury reached its verdict from the evidence presented. The jury remains the best system yet devised for deciding disputed issues of fact in our criminal justice system. But there comes a point when the efforts of the laymen on the jury to mete out rough justice runs headlong up against the logical demands and procedural safeguards of the law:

[*267] [Ejvidence might raise a question* in a reasonable man’s mind. But that is not enough. Guilt, according to a basic principle in our jurisprudence, must be established beyond a reasonable doubt. And, unless that result is possible on the evidence, the judge must not let the jury act; he must not let it act on what would necessarily be only surmise and conjecture, without evidence.

Cooper v. United States, 218 F.2d 39, 42 (D.C.Cir.1954). The trial court has a responsibility to the criminal justice system to grant a defendant’s Rule 29(c) motion when the jury has no evidentiary basis for its action. We affirm the trial judge’s judgment non obstante veredicto in this case.

Affirmed.