US v. Rodney Justin

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:09-cr-00066-JAB-1. Copies to all parties and the district court/agency. [998702490].. [10-5238]

Appeal: 10-5238

Document: 47

Date Filed: 10/18/2011

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 10-5238

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RODNEY K. JUSTIN,
Defendant - Appellant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. James A. Beaty, Jr.,
Chief District Judge. (1:09-cr-00066-JAB-1)

Submitted:

October 4, 2011

Decided:

October 18, 2011

Before NIEMEYER, WYNN, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Scott W. Gross, Mt. Clemens, Michigan, for Appellant. Frank P.
Cihlar, Gregory Victor Davis, Katie Bagley, UNITED STATES
DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
A jury convicted Rodney K. Justin on four counts of
willful failure to file income tax returns, in violation of 26
U.S.C. § 7203 (2006), and four counts of endeavoring to obstruct
and

impede

the

due

administration

of

the

Internal

Revenue

Service Code, in violation of 26 U.S.C. § 7212(a) (2006).

The

district court denied Justin’s Fed. R. Crim. P. 29 motions for
judgment

of

acquittal.

On

appeal,

Justin

challenges

sufficiency of the evidence to sustain his convictions.

the

Finding

no error, we affirm.
We review de novo the district court’s denial of a
motion for a judgment of acquittal.

United States v. Green, 599

F.3d 360, 367 (4th Cir.), cert. denied, 131 S. Ct. 271 (2010).
In assessing the sufficiency of the evidence, we “construe the
evidence in the light most favorable to the government, assuming
its credibility, and drawing all favorable inferences from it,
and will sustain the jury verdict if any rational trier of fact
could have found the essential elements of the crime charged
beyond a reasonable doubt.”

United States v. Penniegraft, 641

F.3d 566, 571 (4th Cir. 2011) (citation and emphasis omitted).
“Appellate reversal on grounds of insufficient evidence . . .
will be confined to cases where the prosecution’s failure is
clear.”

Green,

599

F.3d

at

367

2

(internal

quotation

marks,

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alteration, and citation omitted).

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“A defendant challenging the

sufficiency of the evidence to support his conviction bears a
heavy burden.”

United States v. Beidler, 110 F.3d 1064, 1067

(4th Cir. 1997) (internal quotation marks and citation omitted).
To sustain a conviction for “willfully fail[ing] to
. . . make [an income tax] return . . . at the time or times
required

by

Government

law,”

had

to

in

violation

establish

of

three

26

U.S.C.

elements:

§ 7203,

“(1)

the

that

the

defendant was required by law to file a tax return for the year
in question, (2) that he failed to timely file such tax return,
and

(3)

that

the

failure

was

a

willful

failure.”

United

States v. Ostendorff, 371 F.2d 729, 730 (4th Cir. 1967); United
States

v.

Bourque,

541

F.2d

290,

293

(1st

Cir.

1976).

To

establish a violation of 26 U.S.C. § 7212(a), the Government had
to

prove

obstruct

that
or

Justin

impede

(1)

the

corruptly

due

(2)

administration

endeavored
of

the

(3)

IRS

to

Code.

United States v. Wilson, 118 F.3d 228, 234 (4th Cir. 1997).
We have reviewed the record of the proceedings below
in

light

sufficient

of

Justin’s

evidence

arguments
clearly

on

appeal

supports

the

and

conclude

jury’s

that

verdict.

Accordingly, we affirm Justin’s convictions and sentence.
dispense

with

oral

argument

because

3

the

facts

and

We

legal

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contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.

AFFIRMED

4