United States v. Holmes

• Court: Court of Appeals for the Fourth Circuit
• Decided: April 1, 2005
• Docket: 04-4528
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-4528

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ROBERT E. HOLMES,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, District Judge. (CR- 03-246-JFM)

Submitted: February 25, 2005 Decided: April 1, 2005

Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Steven A. Allen, HODES, ULMAN, PESSIN & KATZ, P.A., Towson, Maryland, for Appellant. Thomas M. DiBiagio, United States Attorney, Michael J. Leotta, Assistant United States Attorney, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

A jury convicted Robert E. Holmes of being a felon in

possession of a firearm, in violation of 18 U.S.C. § 922(g)(1)

(2000). He appeals his conviction on the ground that the district

court abused its discretion in admitting certain evidence. We have

reviewed the parties’ briefs, the joint appendix, and the

supplemental joint appendix and conclude that there was no abuse of

discretion in the admission of the challenged evidence. See United

States v. Hodge, 354 F.3d 305, 312 (4th Cir. 2004) (stating

standard of review). Accordingly, we affirm Holmes’ conviction.

We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.

AFFIRMED

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