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UNPUBLISHED PER CURIAM OPINION filed.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UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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