United States v. Jackson

Filed: February 21, 2003 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-4547 (CR-01-47) United States of America, Plaintiff - Appellee, versus Tyrone Jackson, Defendant - Appellant. O R D E R The court amends its opinion filed February 10, 2003, as follows: On the cover sheet, section 3, line 3 -- the district judge’s name is corrected to read “Malcolm J. Howard, District Judge.” For the Court - By Direction /s/ Patricia S. Connor Clerk UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT 4444444444444444444444444444444444444444444444447 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 02-4547 TYRONE JACKSON, Defendant-Appellant. 4444444444444444444444444444444444444444444444448 Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. Malcolm J. Howard, District Judge. (CR-01-47) Submitted: January 29, 2003 Decided: February 10, 2003 Before MICHAEL, MOTZ, and TRAXLER, Circuit Judges. ____________________________________________________________ Affirmed by unpublished per curiam opinion. ____________________________________________________________ COUNSEL Thomas P. McNamara, Federal Public Defender, Stephen C. Gordon, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant. Frank D. Whitney, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Christine Witcover Dean, Assistant United States Attorney, Raleigh, North Carolina, for Appel- lee. ____________________________________________________________ Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). ____________________________________________________________ OPINION PER CURIAM: Tyrone Jackson appeals his convictions for armed bank robbery under 18 U.S.C. § 2113(a)(d) (2001), brandishing a firearm during a crime of violence under 18 U.S.C. § 924(c)(1)(A)(iii) (2001), and aid- ing and abetting under 18 U.S.C. § 2 (2000), and his subsequent 144- month sentence. On appeal, Jackson asserts the evidence was insuffi- cient to sustain his convictions. Finding no reversible error, we affirm. In reviewing a sufficiency of the evidence claim on appeal, we must sustain the verdict if the record contains "substantial evidence, taking the view most favorable to the Government, to support it." Glasser v. United States, 315 U.S. 60, 80 (1942). Applying this stan- dard, we give due regard to the fact finder's prerogative to resolve questions of credibility. United States v. Burgos, 94 F.3d 849, 862-63 (4th Cir. 1996). With these principles in mind, we conclude the Gov- ernment presented sufficient evidence for a reasonable trier of fact to find Jackson guilty beyond a reasonable doubt of the charges against him. Accordingly, we affirm Jackson'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 argu- ment would not aid the decisional process. AFFIRMED 2