US v. Joseph Brumby, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:13-cr-00462-CCE-1 Copies to all parties and the district court/agency. [999606384].. [14-4807]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-4807

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSEPH LEON BRUMBY, JR., a/k/a Yasir Justice El Bey, a/k/a
Yasir Justice El-Bey,
Defendant - Appellant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Catherine C. Eagles,
District Judge. (1:13-cr-00462-CCE-1)

Submitted:

June 18, 2015

Decided:

June 22, 2015

Before SHEDD, DUNCAN, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Louis C. Allen, Federal Public Defender, Eric D. Placke, First
Assistant Federal Public Defender, Greensboro, North Carolina,
for Appellant.
Ripley Rand, United States Attorney, Kyle D.
Pousson, Assistant United States Attorney, Greensboro, North
Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
A jury convicted Joseph Leon Brumby, Jr., of making a false
statement in a passport application, in violation of 18 U.S.C.
§ 1542 (2012), and using or attempting to use a false passport,
in violation of 18 U.S.C. § 1543 (2012).

On appeal, Brumby

contends that the district court erred in denying his motion for
a judgment of acquittal under Fed. R. Crim. P. 29 because the
Government

presented

convictions.

insufficient

evidence

to

sustain

his

Finding no error, we affirm.

We review de novo challenges to the sufficiency of evidence
and a district court’s denial of a motion for a judgment of
acquittal under Rule 29.
693 (4th Cir. 2005).

United States v. Alerre, 430 F.3d 681,
“The jury’s verdict must be upheld on

appeal if there is substantial evidence in the record to support
it, where substantial evidence is evidence that a reasonable
finder

of

fact

could

accept

as

adequate

and

sufficient

to

support a conclusion of a defendant’s guilt beyond a reasonable
United States v. Perry, 757 F.3d 166, 175 (4th Cir.

doubt.”
2014)

(emphasis

denied,

135

S.

and
Ct.

internal
1000

quotation

(2015).

marks
In

omitted),

evaluating

cert.

whether

substantial evidence supports a conviction, we must “view[] the
evidence and the reasonable inferences to be drawn therefrom in
the

light

most

favorable

to

the

quotation marks omitted).
2

Government.”

Id.

(internal

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To obtain a conviction for making a false statement in a
passport

application,

the

Government

must

prove

that

Brumby

(1) willfully and knowingly, (2) made a false statement in a
passport

application,

passport.

(3)

with

18 U.S.C. § 1542.

intent

to

induce

or

secure

a

To obtain a conviction for using

or attempting to use a false passport, the Government must prove
that Brumby (1) willfully and knowingly, (2) used or attempted
to use, (3) an instrument purporting to be a passport.

18

U.S.C. § 1543.
Although

Brumby

acknowledges

that

a

passport

acceptance

clerk received an application for a Yasir Justice El Bey that
contained

both

contends

that

a

false

the

statement

Government

and

failed

a
to

fake

passport,

submit

sufficient

evidence demonstrating that he submitted the application.
testimony,

however,

including

the

Brumby’s

showed

fake

appearance;

that

passport,
(2) the

(1)

identification

contained

passport

pictures

acceptance

he

Trial

materials,
matching

clerk

had

a

practice of comparing identifying photos to the applicant when
accepting an application; (3) a friend of Brumby’s accompanied
Brumby to the passport office and signed an affidavit in support
of the application; and (4) Brumby used the alias Yasir Justice
El

Bey

on

other

occasions.

Accordingly,

the

Government

presented sufficient evidence to permit a jury to conclude that

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Brumby submitted the passport application in question, and used
a false passport in doing so.
Brumby

also

contends

that,

even

if

he

submitted

the

application, the Government failed to prove that he intended to
secure

a

passport

fails.

First,

through
the

the

application.

application

necessitating a passport.

This

identifies

assertion

travel

plans

Second, by putting forth evidence

that Brumby took an oath and attested that the statements on the
passport

application

presented

sufficient

Brumby

intended

application.
Cir.

1978)

signature

were

true

evidence
to

and

for

secure

correct,

the
a

jury

the

to

Government
that

through

passport

conclude

the

See United States v. Winn, 577 F.2d 86, 91 (9th
(holding

under

defendant’s

warning

that

oath

false

of

truthfulness

statements

violated

and
law

provided sufficient evidence of specific intent).
Accordingly, we affirm Brumby’s convictions.

We dispense

with oral argument because the facts and legal contentions are
adequately

presented

in

the

materials

before

this

court

and

argument would not aid the decisional process.
AFFIRMED

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