UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-4860
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ANTHONY LAMAR EVANS,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. John T. Copenhaver, Jr.,
District Judge. (CR-99-126)
Submitted: May 14, 2004 Decided: July 27, 2004
Before LUTTIG, GREGORY, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Carl J. Roncaglione, Jr., Charleston, West Virginia, for Appellant.
Kasey Warner, United States Attorney, John J. Frail, Assistant
United States Attorney, Charleston, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Anthony Lamar Evans was convicted of aiding and abetting
cocaine base possession with intent to distribute, in violation of
18 U.S.C. § 2 (2000), 21 U.S.C. § 841(a)(1) (2000). Evans was
sentenced to 188 months incarceration, 3 years of supervised
release, and a $100 special assessment. Evans has timely appealed,
raising two issues.
First, Evans asserts the evidence was insufficient to
sustain his conviction. We review a challenge to the sufficiency
of the evidence to determine whether, viewing the evidence in the
light most favorable to the Government, there is substantial
evidence to support the conviction. United States v. Glasser, 315
U.S. 60, 80 (1942). Evans’ claim is meritless. Viewing the
evidence in the light most favorable to the Government, witness
testimony was sufficient to sustain Evans’ conviction, and witness
credibility is not subject to appellate review. United States v.
Beidler, 110 F.3d 1064, 1067 (4th Cir. 1997).
Second, Evans asserts the district court erred in issuing
a supplemental instruction to the jury. We review the district
court’s instruction for abuse of discretion. United States v.
Whittington, 26 F.3d 456, 462 (4th Cir. 1994). Evans’ challenge to
the supplemental instruction is also meritless. Evans fails to
establish the instructions, taken as a whole, fail to state the
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controlling law. United States v. Cobb, 905 F.2d 784, 788-89 (4th
Cir. 1990).
Accordingly, we affirm Evans’ conviction 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
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