US v. Roger Lynch, Jr.
Filing
UNPUBLISHED PER CURIAM OPINION filed.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]
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UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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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