Escolar Documentos
Profissional Documentos
Cultura Documentos
No. 13-4842
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
James R. Spencer, District
Judge. (3:13-cr-00004-JRS-1)
Submitted:
Decided:
June 5, 2014
PER CURIAM:
After
jury
trial,
Marion
convicted
of
two
counts
of
robbery
violation
of
18
U.S.C.
1951(a)
W.
Carter,
affecting
(2012),
Jr.,
was
commerce,
two
in
counts
of
On appeal, Carter
We affirm.
(4th Cir. 2014), cert. denied, 2014 WL 1714559 (May 27, 2014).
We review the sufficiency of the evidence by determining whether
there is substantial evidence in the record, when viewed in the
light
most
favorable
conviction.
Id.
to
the
Substantial
Government,
to
evidence
evidence
is
support
the
that
the
finding
that
the
defendant
is
guilty
beyond
reasonable doubt.
contradictions
in
the
testimony
in
favor
of
the
Government.
United States v. Brooks, 524 F.3d 549, 563 (4th Cir. 2008).
2
have
doubt.
found
the
essential
elements
beyond
reasonable
and
direct
evidence,
drawing
We consider both
all
reasonable
United
[A]s a
United
States v. Osborne, 514 F.3d 377, 387 (4th Cir. 2008) (conspiracy
to commit robbery) (alteration and quotation marks omitted); see
also United States v. Robinson, 177 F.3d 643, 648 (7th Cir.
1999) (robbery conviction supported by circumstantial evidence);
United States v. Taylor, 605 F.2d 1177, 1178 (10th Cir. 1979)
(same).
Burgos, 94 F.3d
at
on
862.
We
can
reverse
conviction
based
insufficient
United
States v. Moye, 454 F.3d 390, 394 (4th Cir. 2006) (en banc)
(internal quotation marks omitted).
unlawful
person
taking
.
or
by
obtaining
means
of
of
personal
actual
or
property
threatened
from
force,
the
or
at
the
time
of
the
taking
or
obtaining.
18
U.S.C.
1951(b)(1).
Brandishing
requires
the
showing
firearm
of
two
under
18
elements:
U.S.C.
(1)
924(c)(1)
the
defendant
Strayhorn,
743
F.3d
at
922;
United
States
v.
defense for one of the robberies and his claim that there was
another suspect for the attempted robbery.
It is the jurys
358, 387 (4th Cir. 2012), cert. denied, 133 S. Ct. 1278 (2013).
The
jurys
determinations
regarding
conflicting
evidence
not
substantial
evidence,
inferences.
will
even
be
if
witness
credibility
disturbed
we
were
if
to
supported
draw
and
by
contrary
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED