US v. Ernest Johnson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:11-cr-00054-1 Copies to all parties and the district court/agency. [998935098].. [12-4120]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-4120

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ERNEST JAMES JOHNSON,
Defendant - Appellant.

Appeal from the United States District Court for the Southern
District of West Virginia, at Huntington.
Robert C. Chambers,
District Judge. (3:11-cr-00054-1)

Submitted:

August 31, 2012

Decided:

September 11, 2012

Before WILKINSON, MOTZ, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Dana F. Eddy, EDDY LAW OFFICE, Charleston, West Virginia, for
Appellant. R. Booth Goodwin II, United States Attorney, Joseph
F. Adams, Assistant United States Attorney, Huntington, West
Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Ernest
order

denying

James
his

Johnson

motion

appeals

for

a

alternatively, for a new trial.

the

district

judgment

of

court’s

acquittal

or,

On appeal, Johnson contends

that the evidence was insufficient to convict him of possession
of a firearm in furtherance of a drug trafficking crime, in
violation of 18 U.S.C. § 924(c) (2006), and that the trial court
abused its discretion in denying his motion for a new trial.

We

affirm.
Johnson contends that there was insufficient evidence
before the jury to support his § 924(c) conviction.

Johnson

challenges only the jury’s finding that he possessed the firearm
in furtherance of the drug trafficking offense.

A jury verdict

must be sustained “if, viewing the evidence in the light most
favorable

to

the

prosecution,

substantial evidence.”

the

verdict

is

supported

by

United States v. Smith, 451 F.3d 209,

216 (4th Cir. 2006) (internal quotation marks omitted).

Whether

a

a

firearm

trafficking
United

“furthered,

advanced,

crime

.

States

v.

.

.

Perry,

is
560

or

helped

ultimately

a

F.3d

254

(internal quotation marks omitted).

246,

forward

factual
(4th

drug

question.”
Cir.

2009)

We have reviewed the record

and conclude that the Government presented sufficient evidence
from which the jury could conclude beyond a reasonable doubt

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that Johnson was guilty of possessing a firearm in furtherance
of a drug trafficking crime.
Johnson also asserts that the district court erred by
denying his motion for a new trial following the admission of
testimony regarding his prior conviction for armed robbery.

“We

review for abuse of discretion a district court’s denial of a
motion for a new trial.”
320 (4th Cir. 2003).

United States v. Perry, 335 F.3d 316,

After reviewing the record, we conclude

that the district court did not abuse its discretion in denying
Johnson’s motion.
Accordingly, we affirm the district court’s judgment.
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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