US v. Roger Lynch, Jr.

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 7:09-cr-00659-HFF-1 Copies to all parties and the district court/agency. [998559379].. [10-4507]

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Case: 10-4507 Document: 31 Date Filed: 04/04/2011 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-4507 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. ROGER EARL LYNCH, JR., Defendant – Appellant. Appeal from the United States District Court for the District of South Carolina, at Spartanburg. Henry F. Floyd, District Judge. (7:09-cr-00659-HFF-1) Submitted: March 31, 2011 Decided: April 4, 2011 Before NIEMEYER, SHEDD, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. J. Bradley Bennett, SALVINI & BENNETT, LLC, Greenville, South Carolina, for Appellant. Leesa Washington, Assistant United States Attorney, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Case: 10-4507 Document: 31 Date Filed: 04/04/2011 Page: 2 PER CURIAM: Roger Earl forty-eight-month Lynch, sentence Jr., after appeals his jury found a conviction him and guilty of possession of a firearm and ammunition by a felon, in violation of 18 Supp. U.S.C.A. 2010). §§ 922(g)(1), Counsel has 924(a)(2), filed a 924(c) brief in (West 2000 accordance & with Anders v. California, 386 U.S. 738 (1967), indicating that he has examined the record and found no meritorious grounds for appeal, but indicating that Lynch wishes to challenge sufficiency of the evidence supporting his conviction. has not filed a pro se supplemental brief despite the Lynch receiving notice that he may do so, and the Government declined to file a responsive brief. Finding no error, we affirm. We review a district court’s denial of a Fed. R. Crim. P. 29 motion for a judgment of acquittal de novo. States v. Smith, 451 F.3d 209, 216 (4th Cir. 2006). challenging burden. the sufficiency of the evidence United A defendant bears a heavy United States v. Ashley, 606 F.3d 135, 138 (4th Cir.), cert. denied, 131 S. Ct. 428 (2010). A jury verdict must be sustained “if, viewing the evidence in the light most favorable to the prosecution, the verdict is supported by ‘substantial evidence.’” “evidence Smith, 451 F.3d at 216. that a reasonable finder Substantial evidence is of fact could accept as adequate and sufficient to support a conclusion of a defendant’s 2 Case: 10-4507 Document: 31 Date Filed: 04/04/2011 Page: 3 guilt beyond a reasonable doubt.” Id. (internal quotation marks omitted). reviewing “[T]he jury, not the court, weighs the credibility of the evidence and resolves any conflicts in the evidence presented.” Id. at 217 (internal quotation marks omitted). “Reversal for insufficient evidence is reserved for the case rare where the prosecution’s failure is clear.” Ashley, 606 F.3d at 138 (internal quotation marks omitted). To establish a violation of 18 U.S.C.A. § 922(g)(1), the Government was required to prove that: (1) Lynch was a convicted felon; (2) he voluntarily and intentionally possessed a firearm and ammunition; and (3) the firearm and ammunition traveled in interstate commerce. See United Gallimore, 247 F.3d 134, 136 (4th Cir. 2001). that he was previously convicted of a States v. Lynch stipulated felony and that firearms and ammunition traveled in interstate commerce. the Thus, the Government had only to prove Lynch’s knowing possession. Viewing the evidence in the light most favorable to the Government, we conclude that there was sufficient evidence from which the jury could conclude beyond a reasonable doubt that Lynch voluntarily and intentionally possessed the firearm and ammunition. In accordance with Anders, we have reviewed the record in this case and have found no meritorious issues for appeal. We therefore affirm the district court’s judgment. 3 This court Case: 10-4507 Document: 31 Date Filed: 04/04/2011 Page: 4 requires that counsel inform Lynch, in writing, of the right to petition the Supreme Court of the United States for further review. If Lynch requests that a petition be filed, but counsel believes that such a petition would be frivolous, counsel may move in this court for leave to withdraw from representation. Counsel’s motion must state that a copy thereof was served on Lynch. legal before We dispense with oral argument because the facts and contentions the court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 4

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