United States of America v. Ricky Lynn Whiteside

00-4168Court of Appeals for the Fourth CircuitFeb 8, 2001

Full text

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-4168
UNITED STATES OF AMERICA,
Plaintiff - Appellees,
versus
RICKY LYNN WHITESIDE,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James C. Turk, District Judge.
(CR-99-61)
Submitted: January 19, 2001 Decided: February 8, 2001
Before NIEMEYER, MOTZ, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Rickey G. Young, Martinsville, Virginia, for Appellant. Robert P.
Crouch, Jr., United States Attorney, Sharon Burnham, Assistant
United States Attorney, Roanoke, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Ricky Lynn Whiteside appeals his criminal conviction of being
a felon in possession of a firearm under 18 U.S.C. § 922(g)(1)
(1994). Whiteside raises only one issue on appeal. He contends
that the evidence at trial was insufficient to prove that he was in
possession of the firearm in question. Our review of the record
discloses that the jury’s decision is based upon substantial evi-
dence. Glasser v. United States, 315 U.S. 60, 80 (1942). Accord-
ingly, we affirm the conviction. See United States v. Whiteside,
No. CR-99-61 (W.D. Va. Feb. 24, 2000). 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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