US v. Marvin Binion

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 8:09-cr-00160-DKC-1 Copies to all parties and the district court/agency. [998474225] [10-4094]

US v. Marvin Binion

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Case: 10-4094 Document: 44

Date Filed: 11/30/2010

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-4094 UNITED STATES OF AMERICA, Plaintiff ­ Appellee, v. MARVIN L. BINION, Defendant ­ Appellant.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Deborah K. Chasanow, Chief District Judge. (8:09-cr-00160-DKC-1) Submitted: November 8, 2010 Decided: November 30, 2010

Before KING, GREGORY, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Jonathan D.C., for Bryan E. Maryland, Zucker, LAW OFFICE OF JONATHAN ZUCKER, Washington, Appellant. Rod J. Rosenstein, United States Attorney, Foreman, Assistant United States Attorney, Greenbelt, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Dockets.Justia.com

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PER CURIAM: A jury convicted Marvin Binion of two counts of making false statements under oath, in violation of 18 U.S.C. § 1623 (2006). He was sentenced to concurrent twenty-one-month terms.

He now appeals, contending that the evidence was insufficient to convict him on Count Two, which related to a statement Binion made under oath concerning a Bentley he had owned. When a defendant challenges the We affirm. of the

sufficiency

evidence, we consider whether the evidence, when viewed in the light most favorable to the Government, was sufficient for a rational trier of fact to have found the essential elements of the crime beyond a reasonable doubt. Glasser v. United States,

315 U.S. 60, 80 (1942); United States v. Cameron, 573 F.3d 179, 183 (4th Cir. 2009). substantial evidence. review the credibility We must sustain a verdict supported by Glasser, 315 U.S. at 80. of witnesses, and we assume We do not the jury

resolved all contradictions in the testimony in favor of the Government. 2002). At his sentencing in a separate criminal matter, there was a discussion about Binion's assets, including several United States v. Sun, 278 F.3d 302, 312 (4th Cir.

vehicles that he had not included when completing a personal financial statement form. Binion's attorney informed the court

that Binion had sold the Bentley in the previous two months so 2

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Date Filed: 11/30/2010

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that he would have money for living expenses.

Binion, who was

under oath, then stated, "I needed the money, so a friend of mine loaned me the money. I gave him the car and that was Count

several months ago, and that's the money I lived off."

Two charged that Binion knew this statement to be false because Binion had sold the vehicle for $68,000 just eight days prior to the hearing, and the proceeds from the sale had not been used for his living expenses during the previous months. We convict conclude on his that the evidence The was sufficient especially to the

Binion of

Count

Two.

evidence,

testimony

probation

officer,

established

Binion's

propensity to conceal and misrepresent his assets in an apparent effort to avoid a fine in the separate criminal matter. The

jury could have concluded that the unsubstantiated story about a loan from an unidentified friend was but another in a series of lies about his finances. We therefore affirm. 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

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