US v. Rodney Clegg

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:14-cr-00379-CCE-1. Copies to all parties and the district court. [999730683]. [15-4232]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-4232

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RODNEY CORNELIUS CLEGG,
Defendant - Appellant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Catherine C. Eagles,
District Judge. (1:14-cr-00379-CCE-1)

Submitted:

November 30, 2015

Decided:

January 6, 2016

Before NIEMEYER, THACKER, and HARRIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Louis C. Allen, Federal Public Defender, John A. Duberstein,
Assistant Federal Public Defender, Greensboro, North Carolina,
for Appellant.
JoAnna Gibson McFadden, Assistant United States
Attorney, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Rodney Cornelius Clegg appeals his conviction following a
jury trial for possession of a firearm by a convicted felon, in
violation of 18 U.S.C. § 922(g)(1) (2012), and his resulting 37month sentence.

Clegg’s counsel has filed a brief pursuant to

Anders v. California, 386 U.S. 738 (1967), concluding that there
are no meritorious issues for appeal but questioning whether the
court

erred

in

instructions

admitting

were

certain

erroneous,

evidence,

whether

the

whether

the

court

erred

jury
in

upholding the jury’s verdict, and whether Clegg’s sentence is
reasonable.
not

Although notified of his right to do so, Clegg has

filed

a

pro

se

supplemental

brief.

After

careful

consideration of the entire record, we affirm.
First,
admitting
profile.
and

counsel
into

questions

evidence

whether

photographs

the
from

court
Clegg’s

erred

in

Facebook

We review evidentiary rulings for abuse of discretion

“will

irrational.”

only

overturn

a

ruling

that

is

arbitrary

and

United States v. Hassan, 742 F.3d 104, 130 (4th

Cir.) (alteration and internal quotations marks omitted), cert.
denied, 135 S. Ct. 157 (2014).
not

abuse

its

discretion

We conclude that the court did
in

admitting

the

challenged

photographs.
Next, counsel questions whether the district court erred in
instructing the jury.

Clegg did not object to the instructions
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in the district court, and we therefore review only for plain
error.

United States v. Olano, 507 U.S. 725, 731-32 (1993).

The Anders brief fails to question any particular instruction
and

the

record

instructions.

is

devoid

of

any

dispute

about

the

jury

Thus, we find that Clegg has failed to establish

plain error.
Counsel also questions whether the court erred by upholding
the jury’s verdict despite Clegg’s motion for acquittal.
review the denial of a motion for acquittal de novo.
States v. Said, 798 F.3d 182, 193 (4th Cir. 2015).

We

United
The jury

verdict must be sustained if, when “viewing the evidence in the
light most favorable to the government, there is substantial
evidence in the record to support the verdict.”

United States

v. Cornell, 780 F.3d 616, 630 (4th Cir.) (internal quotation
marks

omitted),

cert.

denied,

136

S.

Ct.

127

(2015).

“[S]ubstantial 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 doubt.”
Id.

(internal quotation marks omitted).
We

conclude

presented

substantial

evidence as to the disputed element of the offense.

The parties

stipulated

to

possession

of

evidence

and

all
the

that

of

the

the

firearm,

eyewitness

Government

elements
and

the

testimony
3

except

Clegg’s

Government’s
that

Clegg

knowing

photographic

possessed

and

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discharged

a

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firearm

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constituted

knowing possession element.

sufficient

evidence

on

the

To the extent that Clegg is also

challenging the court’s denial of his motion for a mistrial, we
have reviewed the record and conclude that the court did not
err.
Finally,
reasonable.

counsel

questions

whether

Clegg’s

sentence

is

We review a sentence for reasonableness, applying

“a deferential abuse-of-discretion standard.”
States,

552

U.S.

sentence

is

district

court

38,

41

procedurally

(2007).

In

determining

reasonable,

we

calculated

the

properly

Gall v. United

consider

whether

whether

applicable

a

the

advisory

Guidelines range, gave the parties an opportunity to argue for
an

appropriate

(2012)

sentence,

factors,

sentence.

and

considered

sufficiently

Id. at 49-51.

the

18

U.S.C.

explained

the

§ 3553(a)
selected

If we find no significant procedural

error, we examine the substantive reasonableness of the sentence
under “the totality of the circumstances.”
When
Guidelines

a

sentence

range,

we

is

above

consider

the

“whether

Id. at 51.
applicable
the

Sentencing

sentencing

court

acted reasonably both with respect to its decision to impose
such a sentence and with respect to the extent of the divergence
from the sentencing range.”
F.3d

938,

omitted).

944

(4th

Cir.

United States v. Washington, 743
2014)

(internal

quotation

marks

“A major departure from the advisory range should be
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supported by a more significant justification than a minor one.”
United

States v.

Morace,

594

F.3d

340,

346

(4th

Cir.

2010)

(internal quotation marks omitted).
We conclude that Clegg’s sentence is both procedurally and
substantively

reasonable.

The

district

court

calculated Clegg’s Sentencing Guidelines range.
considered
before

Clegg’s

issuing

oral

its

objection

sentence.

and

the

Further,

correctly

The court also

parties’
although

arguments
the

court

elected to vary upward by three months from the top of the
applicable Guidelines range, the court’s decision to vary and
the extent of the variance were well-reasoned.
In

accordance

with

Anders,

we

have

reviewed

the

entire

record in this case for meritorious issues and have found none.
Accordingly, we affirm Clegg’s conviction and sentence.

This

court requires that counsel inform Clegg, in writing, of his
right to petition the Supreme Court of the United States for
further review.

If Clegg requests that a petition be filed, but

counsel believes that such a petition would be frivolous, then
counsel

may

move

representation.

in

this

court

for

leave

to

withdraw

from

Counsel’s motion must state that a copy thereof

was served on the client.

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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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