Professional Documents
Culture Documents
No. 11-4415
Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News.
Rebecca Beach Smith,
District Judge. (4:10-cr-00116-RBS-DEM-1)
Submitted:
Decided:
PER CURIAM:
Mark Xavier Wallace was convicted of possession of a
firearm by a convicted felon, 18 U.S.C. 922(g)(1) (2006).
was sentenced to 120 months in prison.
appeals, raising three issues.
(J.A. 278).
He
Wallace now
We affirm.
I
Wallace
first
claims
that
the
district
court
government,
it
is
supported
by
substantial
evidence.
United States v. Reid, 523 F.3d 310, 317 (4th Cir. 2008); see
Glasser v. United States, 315 U.S. 60, 80 (1942).
evidence
is
evidence
that
reasonable
finder
Substantial
of
fact
could
[W]e
can
reverse
conviction
on
insufficiency
United
States v. Moye, 454 F.3d 390, 394 (4th Cir. 2006) (en banc)
(internal quotation marks omitted). [I]t is the province of the
jury
to
weigh
the
credibility
of
competing
witnesses.
exceeding
one
year;
(2) the
defendant
knowingly
when
they
heard
eight
ten
gunshots
coming
from
to
initially
ignored
directions
to
drop
the
gun.
When
him.
and
Shull
witnessed
Wallace
move
his
right
arm
in
Once Wallace
was subdued, officers recovered the gun, a Glock 19, from the
area where Wallace had flung it.
Officers recovered nine 9 mm. shell casings from the
parking
lot
of
the
shopping
center.
forensic
analyst
officer
testified
that
he
saw
Wallace
in
II
Officer Townsend testified that he fired at Wallace
after Wallace raised his gun, pointing it at Townsend, and that
Wallace
was
arrested
at
the
scene.
On
cross-examination,
and
what
the
disposition
of
those
charges
was.
The
We
review
this
evidentiary
ruling
for
abuse
of
discretion.
Cir. 1997).
review.
In order to find a
or
purposes.
acts
of
the
defendant
is
admissible
for
limited
the
defendant;
(2)
necessary
to
prove
an
element
of
the
F.3d
Rule
305,
312
(4th
Cir.
2004).
404(b)
excludes
acts
Id.
Other criminal
United
States
v.
Chin,
83
F.3d
83,
88
(4th
Cir.
1996)
(internal
Such evidence
III
Finally,
improperly
enhanced
Wallace
by
claims
four
that
levels
on
his
the
sentence
ground
was
that
he
The
Guideline
the
provides
for
four-level
enhancement
[i]f
USSG 2K2.1(b)(6)(B).
by
imprisonment
for
term
exceeding
one
year,
regardless
of
whether
conviction
obtained.
criminal
USSG
charge
2K2.1,
was
cmt.
brought,
n.14(C).
or
It
a
is
punish
more
severely
defendant
who
commits
separate
trial,
witness
testified
that
there
was
an
district
court,
Wallace
our
did
review
not
is
for
raise
this
plain
error.
claim
See
in
the
United
We discern no such
the finding that it was Wallace who fired the series of shots
outside the nightclub, wounding the witness.
This constitutes a
be
or
in
of
Va.
IV
We accordingly affirm.