Filed: May 23, 2011
Latest Update: Feb. 22, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-4642 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. ASDRUBAL RODRIGUEZ CORREA, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:09-cr-00052-FDW-7) Submitted: May 19, 2011 Decided: May 23, 2011 Before TRAXLER, Chief Judge, and AGEE and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Randol
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-4642 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. ASDRUBAL RODRIGUEZ CORREA, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:09-cr-00052-FDW-7) Submitted: May 19, 2011 Decided: May 23, 2011 Before TRAXLER, Chief Judge, and AGEE and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Randolp..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-4642
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
ASDRUBAL RODRIGUEZ CORREA,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Frank D. Whitney,
District Judge. (3:09-cr-00052-FDW-7)
Submitted: May 19, 2011 Decided: May 23, 2011
Before TRAXLER, Chief Judge, and AGEE and KEENAN, Circuit
Judges.
Affirmed by unpublished per curiam opinion.
Randolph Marshall Lee, Charlotte, North Carolina, for Appellant.
Anne M. Tompkins, United States Attorney, Richard Lee Edwards,
Assistant United States Attorney, Asheville, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Asdrubal Rodriguez Correa appeals from his conviction
for conspiracy to possess with intent to distribute 100
kilograms or more of marijuana. Correa does not contest his
other related firearm convictions. Finding no error, we affirm.
Correa contends that the district court erred by
denying his motion for judgment of acquittal. He asserts that,
although the evidence supported his involvement in the
conspiracy, there was insufficient evidence to convict him of
the 100 kilogram quantity that was specifically found by the
jury. We review de novo the denial of a Fed. R. Crim. P. 29
motion for judgment of acquittal. United States v. Alerre,
430
F.3d 681, 693 (4th Cir. 2005). When a Rule 29 motion was based
on a claim of insufficient evidence, the jury’s verdict must be
sustained “if there is substantial evidence, taking the view
most favorable to the Government, to support it.” United
States v. Abu Ali,
528 F.3d 210, 244 (4th Cir. 2008). This
court “ha[s] 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.”
Alerre, 430 F.3d at 693.
The court “must consider circumstantial as well as
direct evidence, and allow the government the benefit of all
reasonable inferences from the facts proven to those sought to
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be established.” United States v. Tresvant,
677 F.2d 1018, 1021
(4th Cir. 1982). This court may not weigh the evidence or
review the credibility of the witnesses. United States v.
Allen,
491 F.3d 178, 185 (4th Cir. 2007). If the evidence
“supports different, reasonable interpretations, the jury
decides which interpretation to believe.” United States v.
Murphy,
35 F.3d 143, 148 (4th Cir. 1994). A defendant
challenging the sufficiency of the evidence faces a heavy
burden. United States v. Beidler,
110 F.3d 1064, 1067 (4th Cir.
1997).
We conclude that the evidence was sufficient to
support the jury’s verdict that Correa was involved with at
least 100 kilograms of marijuana related to the conspiracy. He
was intimately involved with the co-conspirators who were aware
of the size of the shipment, knew that he and another
co-conspirator would be paid $10,000 to guard a portion of the
shipment in a stash house, had numerous cell phone conversations
with the co-conspirators in the thirty days prior to the
delivery, and was present when a U-Haul truck filled with more
than 100 kilograms of marijuana arrived at the stash house and
was unloaded.
Accordingly, we affirm the district court’s judgment.
We dispense with oral argument because the facts and legal
3
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED
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