United States v. Sedberry

* 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this opinion should not be published and is not precedent except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
March 27, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-50725
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LARRY SEDBERRY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:04-CR-197-1
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Before HIGGINBOTHAM, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Larry Sedberry appeals from his jury-verdict conviction for
being a felon in possession of a firearm. Sedberry contends that
the evidence was insufficient to prove that he possessed a
firearm. As Sedberry concedes he did not move for a judgment of
acquittal at the end of the Government’s case or at the close of
all evidence.
When viewed in the light most favorable to the jury’s
verdict, the evidence shows that Sedberry knowingly possessed the

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No. 05-50725
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firearm. The arresting officer positively identified Sedberry as
the person he observed in the gas station and also as the person
he saw drop the handgun. The jury was free to accept as credible
the testimony of the officer and to find Sedberry guilty of being
a felon in possession of a firearm. See United States v.
Lindell, 881 F.2d 1313, 1322 (5th Cir. 1989). Accordingly,
Sedberry’s conviction does not constitute a manifest miscarriage
of justice. See United States v. Griffin, 324 F.3d 330, 356 (5th
Cir. 2003).
AFFIRMED.

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