United States v. Davis

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-60107
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GERALD EDWARD DAVIS,
also known as Gerald E. Davis,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:98-CR-90-ALL-LS
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June 16, 2000
Before JOLLY, DAVIS, and DUHÉ, Circuit Judges.
PER CURIAM:*
Gerald Edward Davis appeals his conviction and sentence
following a jury trial for being a felon in possession of a
firearm in violation of 18 U.S.C. § 922(g)(1). Davis argues that
the district court erred when it denied his motion for judgment
of acquittal asserting that the evidence at trial was
insufficient to support the jury’s verdict. See United States v.
Jones, 133 F.3d 358, 362 (5th Cir.), cert. denied, 523 U.S. 1144
(1998)(this court reviews de novo the denial of a motion for

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No. 99-60107
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judgment of acquittal). Specifically, Davis challenges the
conclusion that he possessed the firearms.
An undercover agent with the Bureau of Alcohol, Tobacco, and
Firearms, testified that he purchased several firearms from
Davis, while Davis was working at his wife’s pawn shop. Despite
Davis’ testimony to the contrary, the agent’s testimony supported
the conclusion that Davis possessed the firearms. See United
States v. Guerrero, 169 F.3d 933, 939 (5th Cir. 1999)(holding
that this court must accept the credibility choices that support
the jury’s verdict and will not re-weigh the evidence).
Accordingly, the district court’s judgment is AFFIRMED.

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