Filed: Oct. 10, 2007
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-4374 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus DEREK SHAY ENLOE, a/k/a Derek Shea Enloe, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:04-cr-00068-ALL) Submitted: September 17, 2007 Decided: October 10, 2007 Before NIEMEYER and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Aff
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-4374 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus DEREK SHAY ENLOE, a/k/a Derek Shea Enloe, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:04-cr-00068-ALL) Submitted: September 17, 2007 Decided: October 10, 2007 Before NIEMEYER and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affi..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-4374
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DEREK SHAY ENLOE, a/k/a Derek Shea Enloe,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville. Richard L. Voorhees,
District Judge. (5:04-cr-00068-ALL)
Submitted: September 17, 2007 Decided: October 10, 2007
Before NIEMEYER and TRAXLER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
William R. Terpening, ANDERSON TERPENING, PLLC, Charlotte, North
Carolina, for Appellant. Richard Lee Edwards, Assistant United
States Attorney, Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Derek Shay Enloe appeals his conviction after a jury
found him guilty of corruptly endeavoring to influence and impede
the due administration of justice by asking another person to
testify falsely and corruptly attempting to persuade another person
with intent to influence the testimony of that other person in an
official proceeding, in violation of 18 U.S.C. §§ 1503, 1512(b)(1)
(2000). Enloe was sentenced to concurrent terms of thirty-three
months’ imprisonment. Enloe's attorney has filed a brief pursuant
to Anders v. California,
386 U.S. 738 (1967), asserting, in his
opinion, there are no meritorious grounds for appeal but raising
the issues of whether the evidence was sufficient to convict Enloe
and whether the verdict should be reversed because it was
inconsistent. The Government has not filed an answering brief.
Enloe was advised of his right to file a pro se supplemental brief
but has not done so. Finding no reversible error, we affirm.
To determine if there was sufficient evidence to support
a conviction, this Court considers whether, taking the evidence in
the light most favorable to the Government, substantial evidence
supports the jury’s verdict. Glasser v. United States,
315 U.S.
60, 80 (1942). This Court has “defined ‘substantial evidence’ as
‘evidence that a reasonable finder of fact could accept as adequate
and sufficient to support a conclusion of a defendant’s guilt
beyond a reasonable doubt.’” United States v. Smith,
451 F.3d 209,
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216 (4th Cir.), cert. denied,
127 S. Ct. 197 (2006) (quoting United
States v. Burgos,
94 F.3d 849, 862 (4th Cir. 1996) (en banc)).
This Court reviews permits the “government the benefit of all
reasonable inferences from the facts proven to those sought to be
established.” United States v. Tresvant,
677 F.2d 1018, 1021 (4th
Cir. 1982). In resolving issues of substantial evidence, this
Court does not weigh evidence or reassess the factfinder’s
assessment of witness credibility. See United States v. Saunders,
886 F.2d 56, 60 (4th Cir. 1989). After thoroughly reviewing the
record and taking the evidence in the light most favorable to the
Government, we find that substantial evidence supports the
convictions.
Enloe’s counsel also raises the issue of whether it was
inconsistent for the jury to find Enloe guilty of improperly
influencing testimony and yet acquit him of the charge of
threatening a federal officer. The Supreme Court in United States
v. Powell, 469 U.S 57 (1984), affirmed the principle that
“[c]onsistency in the verdict is not necessary. Each count in an
indictment is regarded as if it was a separate indictment.”
Id. at
62 (quoting Dunn v. United States,
284 U.S. 390, 393 (1932)). We
find the issue is without merit.
In accordance with Anders, we have reviewed the entire
record in this case and have found no meritorious issues for
appeal. We therefore affirm the district court's judgment. This
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court requires that counsel inform his client, in writing, of his
right to petition the Supreme Court of the United States for
further review. If the client requests that a petition be filed,
but counsel believes that such a petition would be frivolous, then
counsel may move in this court for leave to withdraw from
representation. Counsel's motion must state that a copy thereof
was served on the client.
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
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