Documente Academic
Documente Profesional
Documente Cultură
No. 15-4232
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Catherine C. Eagles,
District Judge. (1:14-cr-00379-CCE-1)
Submitted:
Decided:
January 6, 2016
PER CURIAM:
Rodney Cornelius Clegg appeals his conviction following a
jury trial for possession of a firearm by a convicted felon, in
violation of 18 U.S.C. 922(g)(1) (2012), and his resulting 37month sentence.
erred
in
instructions
admitting
were
certain
erroneous,
evidence,
whether
the
whether
the
court
erred
jury
in
filed
pro
se
supplemental
brief.
After
careful
counsel
into
questions
evidence
whether
photographs
the
from
court
Cleggs
erred
in
will
irrational.
only
overturn
ruling
that
is
arbitrary
and
abuse
its
discretion
admitting
the
challenged
photographs.
Next, counsel questions whether the district court erred in
instructing the jury.
the
record
instructions.
is
devoid
of
any
dispute
about
the
jury
plain error.
Counsel also questions whether the court erred by upholding
the jurys verdict despite Cleggs motion for acquittal.
review the denial of a motion for acquittal de novo.
States v. Said, 798 F.3d 182, 193 (4th Cir. 2015).
We
United
The jury
United States
omitted),
cert.
denied,
136
S.
Ct.
127
(2015).
could
accept
as
adequate
and
sufficient
to
support
conclude
presented
substantial
The parties
stipulated
to
possession
of
evidence
and
all
the
that
of
the
the
firearm,
eyewitness
Government
elements
and
the
testimony
3
except
Cleggs
Governments
that
Clegg
knowing
photographic
possessed
and
discharged
firearm
constituted
sufficient
evidence
on
the
counsel
questions
whether
Cleggs
sentence
is
552
U.S.
sentence
is
district
court
38,
41
procedurally
(2007).
In
determining
reasonable,
we
calculated
the
properly
Gall v. United
consider
whether
whether
applicable
the
advisory
appropriate
(2012)
sentence,
factors,
sentence.
and
considered
sufficiently
Id. at 49-51.
the
18
U.S.C.
explained
the
3553(a)
selected
sentence
range,
we
is
above
consider
the
whether
Id. at 51.
applicable
the
Sentencing
sentencing
court
938,
omitted).
944
(4th
Cir.
(internal
quotation
marks
States v.
Morace,
594
F.3d
340,
346
(4th
Cir.
2010)
reasonable.
The
district
court
Cleggs
issuing
oral
its
objection
sentence.
and
the
Further,
correctly
parties
although
arguments
the
court
accordance
with
Anders,
we
have
reviewed
the
entire
record in this case for meritorious issues and have found none.
Accordingly, we affirm Cleggs conviction and sentence.
This
may
move
representation.
in
this
court
for
leave
to
withdraw
from
are
adequately
presented
in
the
materials
before
this court and argument would not aid the decisional process.
AFFIRMED