United States v. McCrea

529 F. App'x 386
CourtCourt of Appeals for the Fourth Circuit
DecidedJune 20, 2013
DocketNo. 12-4755
StatusPublished

This text of 529 F. App'x 386 (United States v. McCrea) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. McCrea, 529 F. App'x 386 (4th Cir. 2013).

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Aston Earl McCrea was convicted after a jury trial of one count of conspiracy to distribute marijuana, in violation of 21 U.S.C. § 846 (2006); one count of possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1) (2006); one count of conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956(h) (2006); one count of felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1) (2006); and one count of possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1) (2006). The district court sentenced McCrea to a total of 180 months’ imprisonment. McCrea’s counsel filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), stating that, in counsel’s view, there are no meritorious issues [387]*387for appeal, but questioning whether the court erred by denying McCrea’s motion for judgment of acquittal, whether the sentence imposed was reasonable, and whether McCrea received ineffective assistance from trial counsel. McCrea filed a supplemental pro se brief raising a number of issues. We affirm.

I.

This court reviews de novo a district court’s denial of a Fed.R.Crim.P. 29 motion for judgment of acquittal. United States v. Alerre, 430 F.3d 681, 693 (4th Cir.2005). A jury’s verdict “must be sustained if there is substantial evidence, taking the view most favorable to the Government, to support it.” Glasser v. United States, 315 U.S. 60, 80, 62 S.Ct. 457, 86 L.Ed. 680 (1942); see United States v. Penniegraft, 641 F.3d 566, 571-72 (4th Cir.), cert denied, — U.S. -, 132 S.Ct. 564, 181 L.Ed.2d 407 (2011). Substantial evidence is “evidence that a reasonable finder of fact could accept as adequate and sufficient to support a conclusion of a defendant’s guilt beyond a reasonable doubt.” Alerre, 430 F.3d at 693 (internal quotation marks omitted). In evaluating the sufficiency of the evidence, we consider both circumstantial and direct evidence, United States v. Harvey, 532 F.3d 326, 333 (4th Cir.2008), and do not reweigh the evidence or reassess the factfinder’s credibility determinations, United States v. Roe, 606 F.3d 180, 186 (4th Cir.2010). We will “reverse a conviction on insufficiency grounds only when the prosecution’s failure is clear.” United States v. Moye, 454 F.3d 390, 394 (4th Cir.2006) (en banc) (internal quotation marks omitted).

To prove conspiracy to distribute a controlled substance in violation of § 846, the government must establish that (1) two or more persons agreed to distribute the controlled substance; and the defendant, (2) knowing of the conspiracy, (3) knowingly and voluntarily became a part of it. United States v. Kellam, 568 F.3d 125, 139 (4th Cir.2009).

To sustain a conviction for possession with intent to distribute marijuana, in violation of § 841(a)(1), the government must prove that: (1) the defendant possessed the marijuana; (2) that he did so knowingly; and (3) that he intended to distribute it. Penniegraft, 641 F.3d at 572.

In order to obtain a conviction for a money laundering conspiracy under § 1956(h), the government must prove: (1) the existence of an agreement between two or more persons to commit one or more of the substantive money laundering offenses proscribed under 18 U.S.C. § 1956(a) or § 1957; and that the defendant, (2) knowing that the money laundering proceeds had been derived from an illegal activity, (3) knowingly and voluntarily became part of the conspiracy. United States v. Singh, 518 F.3d 236, 248 (4th Cir.2008).

To secure a conviction under 18 U.S.C. § 922(g)(1), the government must establish that (1) the defendant was a convicted felon; (2) he knowingly possessed the firearm; and (3) the firearm traveled in interstate commerce. United States v. Gallimore, 247 F.3d 134, 136 (4th Cir.2001); United States v. Langley, 62 F.3d 602, 606 (4th Cir.1995) (en banc). Here, the parties stipulated McCrea’s status as a felon and the interstate commerce element.

Finally, in order to prove the § 924(c)(1) violation charged here, the government must show that (1) the defendant possessed a firearm (2) in furtherance of a drug trafficking offense. United States v. King, 628 F.3d 693, 699 (4th Cir.2011).

We have thoroughly reviewed the record and conclude that the Government provided substantial evidence of McCrea’s guilt of each of these offenses, and therefore the [388]*388district court did not err in denying McCrea’s motion for a judgment of acquittal.

II.

Counsel next questions whether the district court erred in sentencing McCrea. We review a sentence for reasonableness, applying a deferential abuse-of-discretion standard. Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). We must first ensure that the district court committed no significant procedural error, such as improperly calculating the Guidelines sentencing range, insufficiently considering the 18 U.S.C. § 3553(a) (2006) sentencing factors, or inadequately explaining the sentence imposed. Id. If the sentence is free of significant procedural error, we then review its substantive reasonableness, examining “the totality of the circumstances, including the extent of any variance from the Guidelines range.” Id. If the sentence is below the properly calculated Guidelines range, we apply a presumption on appeal that the sentence is substantively reasonable. United States v. Susi

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Related

Glasser v. United States
315 U.S. 60 (Supreme Court, 1942)
Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Gall v. United States
552 U.S. 38 (Supreme Court, 2007)
United States v. Roe
606 F.3d 180 (Fourth Circuit, 2010)
United States v. King
628 F.3d 693 (Fourth Circuit, 2011)
United States v. Penniegraft
641 F.3d 566 (Fourth Circuit, 2011)
United States v. Susi
674 F.3d 278 (Fourth Circuit, 2012)
United States v. Richard Langley
62 F.3d 602 (Fourth Circuit, 1995)
United States v. Talton Young Gallimore, Jr.
247 F.3d 134 (Fourth Circuit, 2001)
United States v. William Moye
454 F.3d 390 (Fourth Circuit, 2006)
United States v. Powell
680 F.3d 350 (Fourth Circuit, 2012)
United States v. Singh
518 F.3d 236 (Fourth Circuit, 2008)
United States v. Harvey
532 F.3d 326 (Fourth Circuit, 2008)
United States v. Kellam
568 F.3d 125 (Fourth Circuit, 2009)
Durham v. Varano
568 U.S. 921 (Supreme Court, 2012)

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Bluebook (online)
529 F. App'x 386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-mccrea-ca4-2013.