US v. Robinson

Filing 920070309


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-4734 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus MORGAN GREGORY ROBINSON, JR., Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. James A. Beaty, Jr., District Judge. (1:05-cr-00343-JAB; 1:05-cr-00344-JAB) Submitted: February 28, 2007 Decided: March 9, 2007 Before WILKINSON, WILLIAMS, and MOTZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Walter L. Jones, JONES, FREE & KNIGHT, PLLC, Greensboro, North Carolina, for Appellant. Anna Mills Wagoner, United States Attorney, Douglas Cannon, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Morgan Gregory Robinson, Jr., was convicted after a jury trial of two counts of bank robbery in violation of 18 U.S.C. 2113(a) (2000), and was sentenced to 262 months' imprisonment. Robinson timely appealed and asserts that the trial court erred in denying his motion for judgment of acquittal pursuant to Fed. R. Crim. P. 29. Finding no error, we affirm. This court reviews a district court's decision to deny a Rule 29 motion de novo. 353, 359 (4th Cir. 2003). an allegation of United States v. Ryan-Webster, 353 F.3d Where, as here, the motion is based on evidence, the verdict must be insufficient sustained if there is substantial evidence, taking the view most favorable to the government, to support it. States, 315 U.S. 60, 80 (1942). See Glasser v. United evidence is "[S]ubstantial evidence that a reasonable finder of fact could accept as adequate and sufficient to support a conclusion of a defendant's guilt beyond a reasonable doubt." United States v. Burgos, 94 F.3d 849, The court reviews both direct and 862 (4th Cir. 1996) (en banc). circumstantial evidence and permits the Government the benefit of all reasonable inferences from the facts proven to those sought to be established. (4th Cir. 1982). United States v. Tresvant, 677 F.2d 1018, 1021 Witness credibility is within the sole province of the jury, and the court will not reassess the credibility of testimony. United States v. Saunders, 886 F.2d 56, 60 (4th Cir. - 2 - 1989). We have reviewed the evidence presented at trial and find that the jury's verdict is sufficiently supported by the evidence. We therefore affirm Robinson'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. AFFIRMED - 3 -

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