UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-4825
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MARK SPEARS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior
District Judge. (CR-98-135)
Submitted: May 18, 1999 Decided: September 23, 1999
Before WILKINS, NIEMEYER, and MICHAEL, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Peter L. Goldman, Alexandria, Virginia, for Appellant. Helen F.
Fahey, United States Attorney, Alessanndra DeBlasio, Special Assis-
tant United States Attorney, Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
A jury convicted Mark Spears for assaulting a correctional
officer in violation of D.C. Code Ann. § 22-505(a) (1998). Spears
was subsequently sentenced to twenty-seven months’ imprisonment.
On appeal, Smith challenges the sufficiency of the evidence to
sustain the jury’s verdict and maintains that the district court
erred in denying his request to instruct the jury on a lesser-
included offense. We have reviewed the record and find no revers-
ible error. Accordingly, we affirm Smith’s conviction and sen-
tence. 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
2
United States v. Mark Spears
Combined Opinion