United States of America v. Frazier Derring

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-4146
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
FRAZIER DERRING,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Robert J. Conrad,
Jr., District Judge. (3:11-cr-00179-RJC-DCK-1)
Submitted: August 29, 2013 Decided: September 3, 2013
Before DUNCAN, AGEE, and KEENAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
James S. Weidner, Jr., LAW OFFICE OF JAMES S. WEIDNER, JR.,
Charlotte, North Carolina, for Appellant. Anne M. Tompkins,
United States Attorney, William M. Miller, Assistant United
States Attorney, Charlotte, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Michael Derring appeals his conviction and sentence,
imposed following a jury trial, for being a felon in possession
of a firearm in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2)
(2006). On appeal, Derring’s sole contention is that the
evidence presented at trial was insufficient to convict him
because the Government did not prove that the item he possessed
met the statutory definition of a firearm, primarily that it was
capable of expelling a projectile by the action of an explosive.
See 18 U.S.C. § 921(a)(3)(A) (2006). Upon review of the record,
we conclude that Derring is mistaken; the Government’s expert
witness clearly testified that the device Derring possessed was
a firearm:
A: A firearm is any weapon that is designed
to, or can be readily assembled to fire a
projectile by means of an explosion.
[...]
Q: Does this firearm meet the definition of
a firearm that you gave us earlier in the
fact that it is a weapon that is designed to
expel a projectile by the action of
explosive? [sic]
A: It does.
Accordingly, we affirm. We dispense with oral
argument because the facts and legal contentions are adequately

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presented in the material before this court and argument will
not aid the decisional process.
AFFIRMED

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