United States v. Armstead

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
June 30, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-60644
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TONY TERRELL ARMSTEAD,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 4:02-CR-21-ALL-LS
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Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Tony Terrell Armstead appeals his conviction for burglary of
the United States Post Office at Rose Hill, Mississippi, in
violation of 18 U.S.C. § 2115. Armstead argues that the evidence
fails to support his conviction. Armstead contends that two
Government witnesses implicated him in an attempt to exonerate
themselves and that their testimony was not worthy of belief.
The jury accepted the Government’s evidence and rejected

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No. 03-60644
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Armstead’s explanation of events. We will not disturb that
credibility determination. United States v. Runyan, 290 F.3d
223, 240 (5th Cir.), cert. denied, 537 U.S. 888 (2002). The
evidence supports Armstead’s conviction.
AFFIRMED.

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