US v. Gilliam

Filing 920070403

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-4715

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus TROY GILLIAM, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at New Bern. Louise W. Flanagan, Chief District Judge. (2:05-cr-00031-FL)

Submitted:

March 29, 2007

Decided:

April 3, 2007

Before MOTZ, TRAXLER, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Thomas P. McNamara, Federal Public Defender, G. Alan DuBois, Assistant Federal Public Defender, Vidalia Patterson, Research and Writing Attorney, Raleigh, North Carolina, for Appellant. George E. B. Holding, United States Attorney, Anne M. Hayes, Christine Witcover Dean, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Troy Gilliam appeals his jury conviction and fifty-seven month sentence for being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924. Gilliam asserts there was insufficient evidence to support his conviction. We affirm.

To determine if there was sufficient evidence to support a conviction, this Court considers whether taking the evidence in the light most favorable to the Government, substantial evidence supports the jury's verdict. United States v. Wills, 346 F.3d 476, 495 (4th Cir. 2003). evidence which `a Substantial evidence is defined as "that finder of fact could accept as

reasonable

adequate and sufficient to support a conclusion of a defendant's guilty beyond a reasonable doubt.'" United States v. Newsome, 322

F.3d 328, 333 (4th Cir. 2003) (quoting United States v. Burgos, 94 F.3d 849, 862-63 (4th Cir. 1996) (en banc)). We review both the

direct and circumstantial evidence and permit "the [G]overnment the benefit of all reasonable inferences from the facts proven to those sought to be established." 1018, 1021 (4th Cir. 1982). Gilliam maintains that without his alleged statement, there is not sufficient evidence to establish his possession of the gun found in the car in which he was a passenger. Gilliam further United States v. Tresvant, 677 F.2d

asserts that the officers who reported that Gilliam admitted the

- 2 -

gun was his were not credible because their reports could not be corroborated. Possession may be actual or constructive. United

States v. Rusher, 966 F.2d 868, 878 (4th Cir. 1992).

"A person has

constructive possession of a narcotic if he knows of its presence and has the power to exercise dominion and control over it." United States v. Schocket, 753 F.2d 336, 340 (4th Cir. 1985). Possession evidence." Cir. 1993). in the car. "may be established by direct or circumstantial

Id.; United States v. Wright, 991 F.2d 1182, 1187 (4th The gun in question was found where Gilliam was seated He therefore had the power to exercise dominion and The Government relied on Gilliam's alleged An

control over it.

statement identifying the gun as his to establish possession. attack on witness credibility is not reviewable on appeal. States v. Beidler, 110 F.3d 1064, 1067 (4th Cir. 1997). found the officer's testimony credible and convicted

United

The jury Gilliam

accordingly. most

We find, viewing all of the evidence in the light to the Government, that there was sufficient

favorable

evidence for the jury to convict Gilliam. Accordingly, we affirm Gilliam's conviction and sentence. We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

- 3 -

AFFIRMED

- 4 -