UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-4033
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
KEVIN MILLER,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Dennis W. Shedd, District Judge. (CR-
02-133-DWS)
Submitted: June 30, 2003 Decided: September 2, 2003
Before WIDENER, LUTTIG, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Allen B. Burnside, Assistant Federal Public Defender, Columbia,
South Carolina, for Appellant. J. Strom Thurmond, Jr., United
States Attorney, William K. Witherspoon, Assistant United States
Attorney, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Kevin Alexander Miller was convicted by a jury of being a
felon in possession of ammunition in violation of 18 U.S.C.
§ 922(g)(1) (2000) and sentenced, under 18 U.S.C.A. § 924(e) (West
Supp. 2003), to 236 months imprisonment. On appeal, he raises one
issue: whether the district court erred by declining his proferred
jury instruction regarding whether he knowingly possessed the
ammunition.
We do not find that the district court abused its discretion
by declining to issue the disputed instruction. United States v.
Abbas, 74 F.3d 506, 513 (4th Cir. 1996). The instruction the
district court used was adequate and accurate, United States v.
Pupo, 841 F.2d 1235, 1240 (4th Cir. 1988), and its decision to deny
the instruction did not constitute reversible error. United States
v. Lewis, 53 F.3d 29, 32-33 (4th Cir. 1995). Accordingly, we
affirm.
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
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