United States v. Johnson

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA,  Plaintiff-Appellee, v.  No. 01-4535 LARRY WARREN JOHNSON, Defendant-Appellant.  UNITED STATES OF AMERICA,  Plaintiff-Appellee, v.  No. 01-4536 LARRY WARREN JOHNSON, Defendant-Appellant.  Appeals from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Fox, Senior District Judge. (CR-00-53-F, CR-00-52-F) Submitted: June 27, 2002 Decided: October 1, 2002 Before WIDENER, WILLIAMS, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. COUNSEL Joseph B. Gilbert, MCNEIL & GILBERT, Jacksonville, North Caro- lina, for Appellant. John Stuart Bruce, United States Attorney, Anne 2 UNITED STATES v. JOHNSON M. Hayes, Assistant United States Attorney, Felice McConnell Cor- pening, Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). OPINION PER CURIAM: Larry Warren Johnson was convicted by a jury on one indictment of theft of U.S. Postal Service money orders, 18 U.S.C.A. § 500 (West 2000), submission of false documents to the U.S. Postal Ser- vice, 18 U.S.C.A. § 1001(a)(3) (West 2000), and misappropriation of U.S. Postal Service funds by a postal service employee, 18 U.S.C.A. § 1711 (West 2000). On a separate indictment, the jury convicted Johnson of robbery of a U.S. Postal Service highway contract driver, 18 U.S.C.A. § 2114 (West 2000), and brandishing a firearm during a crime of violence, 18 U.S.C.A. § 924(c)(1)(A)(ii) (West 2000). John- son was sentenced to 130 months imprisonment. On appeal, he main- tains that there was insufficient evidence to support his convictions for postal robbery and brandishing a firearm. We affirm. This court must affirm the conviction if there is substantial evi- dence, when viewed in the light most favorable to the Government, to support the verdict. Glasser v. United States, 315 U.S. 60, 80 (1942). In determining whether the evidence is substantial, this court views the evidence in the light most favorable to the Government and inquires whether there is evidence sufficient to support a finding of guilt beyond a reasonable doubt. United States v. Burgos, 94 F.3d 849, 862 (4th Cir. 1996) (en banc). In evaluating the sufficiency of the evidence, this court does not review witness credibility and assumes the fact finder resolved all contradictions in the evidence in the Government’s favor. United States v. Romer, 148 F.3d 359, 364 (4th Cir. 1998). The fact finder, not the reviewing court, weighs the UNITED STATES v. JOHNSON 3 credibility of the evidence and resolves any conflicts in the evidence presented, and if the evidence supports different reasonable interpre- tations, the jury decides which to believe. United States v. Murphy, 35 F.3d 143, 148 (4th Cir. 1994). We have carefully reviewed the record and we find sufficient evi- dence to support Johnson’s convictions for postal robbery and bran- dishing a firearm. Accordingly, we affirm Johnson’s convictions and sentence. 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