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No. 11-4843
Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News.
Rebecca Beach Smith,
Chief District Judge. (4:10-cr-00047-RBS-TEM-1)
Submitted:
DAVIS,
Decided:
Circuit
Judges,
and
HAMILTON,
Senior
PER CURIAM:
Perry Cousins appeals his convictions following a jury
trial
on
charges
violation
of
of
18
racketeering
U.S.C.
conspiracy
1962(d)
(Count
(2006);
1),
conspiracy
in
to
(Count
violation
of
racketeering
3)
18
and
U.S.C.
activity
robbery
(Counts
1951(a)
(Count
4),
6,
(2006);
in
9,
and
murder
violation
12),
in
aid
of
in
of
18
U.S.C.
18
U.S.C.
924(c)(1),
(j)
(2006);
use
of
firearm
in
dangerous
injury
weapon
(Count
18),
and
assault
in
violation
resulting
of
18
in
serious
U.S.C.
bodily
1959(a)(3)
On appeal,
racketeering-related
convictions
2
and
Counts
18
and
29.
finder
of
fact
could
accept
as
adequate
and
United States v.
weigh
witnesses
jury.
the
evidence
[because]
or
[t]hose
review
the
functions
are
reserved
of
the
for
the
first
evidence
racketeering-related
argues
of
an
offenses
that
the
enterprise
set
out
Government
for
in
presented
purposes
Count
1.
of
the
Because
v.
Wallace,
515
F.3d
327,
331-32
(4th
See United
Cir.
2008)
See 18
next
argues
that
the
Government
presented
v.
Fiel,
35
F.3d
997,
1004
(4th
Cir.
United
1994).
he
United
committed
States
v.
it
in
Tipton,
furtherance[]
of
90
891
F.3d
861,
not
be
the
defendants
only
that
membership.
(4th
Cir.
1996)
Moreover, self-promotion
or
primary
concern.
Id.
has
violence
polic[y]
sufficiently
of
retaliatory
antagonized
any
of
4
its
against
members
may
any
who
support
Id.
also
argues
that
the
Government
failed
to
operable,
we
conclude
that
the
evidence
was
Williams, 445 F.3d 724, 732 n.3 (4th Cir. 2006) (citing cases
and noting that firearm is not required to be operable to meet
definition of 18 U.S.C. 921(a)(3) (2006)).
Finally, Cousins argues that the district court erred
in failing to declare a mistrial following an allegedly improper
remark
by
examination.
trial
with
Government
(4th
omitted).
during
witness
cross-
as
attorney
Cir.
2010)
to
make
the
resulting
conviction
(internal
quotation
marks
and
brackets
through
voir
dire
that
no
juror
actually
heard
the
alleged
See United
States v. Olano, 507 U.S. 725, 732 (1993) (detailing plain error
standard).
Accordingly, we affirm the district courts judgment
and deny Cousins motion to reconsider the denial of his motion
to
rescind
counsels
opening
brief.
We
dispense
with
oral
AFFIRMED