USA v. Alfred Davi


Per Curiam OPINION filed: AFFIRMED, decision not for publication pursuant to local rule 206. Martha Craig Daughtrey, Circuit Judge; John M. Rogers, Circuit Judge and Jack Zouhary, U.S. District Judge for the Northern District of OH.

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Case: 11-5494 Document: 006111242457 Filed: 03/14/2012 Page: 1 NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 12a0294n.06 No. 11-5494 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Mar 14, 2012 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ALFRED DAVIS, Defendant-Appellant. ) ) ) ) ) ) ) ) ) ) LEONARD GREEN, Clerk ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE BEFORE: DAUGHTREY and ROGERS, Circuit Judges; ZOUHARY, District Judge.* PER CURIAM. Following a jury trial, defendant Alfred Davis appeals his conviction of being a felon in possession of a firearm, contending that the conviction was not supported by sufficient evidence. We disagree and affirm the district court’s judgment. When a defendant challenges his conviction based on insufficient evidence, the question for the court is “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319 (1979). The trial transcript in this case includes testimony from two police officers who responded to a call regarding a man with a weapon. The officers stated that they observed Davis holding a pistol in his hand and that he dropped the pistol as he ran away. A pistol and a cell phone were * The Honorable Jack Zouhary, United States District Judge for the Northern District of Ohio, sitting by designation. Case: 11-5494 Document: 006111242457 Filed: 03/14/2012 Page: 2 No. 11-5494 United States v. Davis recovered from the spot where the officers testified that Davis dropped the gun. One of the officers also testified that Davis admitted possessing the weapon after he was placed in the police car. Davis points out that the officers described the gun they saw him holding as silver, when the gun that was recovered was black. From this fact, he speculates that the gun could have been dropped by another individual who reportedly ran from the scene before Davis did. Nevertheless, if the jury believed the police officers’ testimony, there was sufficient evidence, including a statement by Davis that he possessed the weapon, for the jury to find him guilty beyond a reasonable doubt. Accordingly, we AFFIRM the district court’s judgment. -2-

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