UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-4897
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JIMMIE LEE THORNE,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Graham C. Mullen, Senior
District Judge. (3:03-cr-00198)
Submitted: January 25, 2007 Decided: January 29, 2007
Before WIDENER and MICHAEL, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Randolph M. Lee, LAW OFFICES OF RANDOLPH M. LEE, Charlotte, North
Carolina, for Appellant. Gretchen C.F. Shappert, United States
Attorney, Thomas Cullen, Assistant United States Attorney,
Charlotte, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
A jury convicted Jimmie Lee Thorne on two separate counts
of possession of a firearm by a convicted felon, in violation of 18
U.S.C. § 922(g)(1) (2000). He was sentenced to 30 months of
imprisonment. On appeal, Thorne argues that the evidence was
insufficient to sustain the jury’s verdict on both counts. We
affirm.
A defendant challenging the sufficiency of the evidence
faces a heavy burden. United States v. Beidler, 110 F.3d 1064,
1067 (4th Cir. 1997). “[A]n appellate court’s reversal of a
conviction on grounds of insufficient evidence should be ‘confined
to cases where the prosecution’s failure is clear.’” United
States v. Jones, 735 F.2d 785, 791 (4th Cir. 1984). A jury’s
verdict must be upheld on appeal if there is substantial evidence
in the record to support it. Glasser v. United States, 315 U.S.
60, 80 (1942). In determining whether the evidence in the record
is substantial, we view the evidence in the light most favorable to
the government, and inquire whether there is evidence that a
reasonable finder of fact could accept as adequate and sufficient
to support a conclusion of the defendant’s guilt beyond a
reasonable doubt. United States v. Burgos, 94 F.3d 849, 862 (4th
Cir. 1996) (en banc). We do not review the credibility of the
witnesses and assume that the jury resolved all contradictions in
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the testimony in favor of the government. United States v. Romer,
148 F.3d 359, 364 (4th Cir. 1998).
Elements required for conviction for possession of a
firearm by a convicted felon are: (1) the defendant previously had
been convicted of a crime punishable by a term of imprisonment
exceeding one year; (2) the defendant knowingly possessed,
transported, shipped, or received the firearm; and (3) the
possession was in or affecting commerce. United States v. Moye,
454 F.3d 390, 395 (4th Cir.), cert. denied, 127 S. Ct. 452 (2006).
The only issue on appeal is whether there was sufficient evidence
to find that Thorne possessed the firearms in question. We find
that the evidence presented to the jury was sufficient to sustain
the convictions.
We therefore affirm Thorne’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
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