United States of America v. Melvin R. Fentress

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-4113
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MELVIN R. FENTRESS,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, District Judge. (CR-
02-93)
Submitted: June 24, 2003 Decided: July 24, 2003
Before MOTZ, KING, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
David C. Wright, Stephen Z. Meehan, Joseph B. Tetrault, WRIGHT &
MEEHAN, Baltimore, Maryland, for Appellant. Thomas M. DiBiagio,
United States Attorney, Lisa M. Griffin, Assistant United States
Attorney, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

-- 1 of 2 --

2
PER CURIAM:
Melvin R. Fentress was found guilty, following a bench trial
by a magistrate judge, for violating 38 C.F.R. § 1.218(b)(11)
(2002). The district court affirmed the conviction. On appeal to
this court, Fentress alleges that: (1) § 1.218(b)(11) is merely a
penalty and not a substantive offense for which he can be
convicted; (2) the regulation is constitutionally void for
vagueness; (3) the regulation is constitutionally overbroad; and
(4) the evidence at trial was insufficient to support the
conviction. We have reviewed the record and find no reversible
error. Regarding the first three issues, we affirm for the reasons
stated by the district court in its memorandum affirming the
conviction. See United States v. Fentress, No. CR-02-93 (D. Md.
Jan. 13, 2003). Regarding the last issue, we find that any rational
trier of the fact could have found the essential elements of the
crime beyond a reasonable doubt. See Glasser v. United States, 315
U.S. 60, 80 (1942) (stating review standard).
Accordingly, we affirm Fentress’ conviction. 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 of 2 --