United States v. Joy First

580 F. App'x 171

• Court: Court of Appeals for the Fourth Circuit
• Decided: July 30, 2014
• Docket: 14-4149, 14-4150, 14-4161, 14-4165, 14-4168
• Status: Unpublished

Opinion

PER CURIAM:

After a bench trial before a magistrate judge, Joy First, Phillip Runkel, Malachy Kilbride, Janice Sevre’-Duszynska and Max Obuszewski were convicted of trespassing in violation of 32 C.F.R. § 1903.7(a) (2014). The district court affirmed their convictions. On appeal, the Appellants challenge the sufficiency of the evidence as well certain evidentiary decisions made by the magistrate judge.

On appeal from a district court order affirming a magistrate judge’s decision, we use the same standard used by the district court: whether the magistrate judge’s findings when viewed in a light most favorable to the Government were clearly erroneous. United States v. Hughes, 542 F.2d 246, 248 (5th Cir.1976). We have reviewed the evidence, including the various arguments put forth by the Appellants that their conduct was not illegal, and conclude that there is sufficient evidence to support the convictions.

We have also reviewed the evidentiary decisions made by the magistrate judge and conclude that there was no abuse of discretion. United States v. Cole, 631 F.3d 146,153 (4th Cir.2011).

Accordingly, we affirm the district court’s orders. 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.