Filed: Jul. 30, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-4149 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOY FIRST, Defendant - Appellant. No. 14-4150 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. PHILLIP RUNKEL, Defendant - Appellant. No. 14-4161 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MALACHY KILBRIDE, Defendant - Appellant. No. 14-4165 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JANICE SEVRE’-DUSZYNSKA, Defendant - Appellant. No. 14-4168 UNITED
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-4149 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOY FIRST, Defendant - Appellant. No. 14-4150 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. PHILLIP RUNKEL, Defendant - Appellant. No. 14-4161 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MALACHY KILBRIDE, Defendant - Appellant. No. 14-4165 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JANICE SEVRE’-DUSZYNSKA, Defendant - Appellant. No. 14-4168 UNITED S..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-4149
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOY FIRST,
Defendant - Appellant.
No. 14-4150
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
PHILLIP RUNKEL,
Defendant - Appellant.
No. 14-4161
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MALACHY KILBRIDE,
Defendant - Appellant.
No. 14-4165
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JANICE SEVRE’-DUSZYNSKA,
Defendant - Appellant.
No. 14-4168
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MAX OBUSZEWSKI,
Defendant - Appellant.
Appeals from the United States District Court for the Eastern
District of Virginia, at Alexandria. T. S. Ellis, III, Senior
District Judge. (1:13-cr-00444-TSE-1; 1:13-cr-00446-TSE-IDD-1;
1:13-cr-00425-TSE-IDD-1; 1:13-cr-00447-TSE-IDD-1; 1:13-cr-00445-
TSE-1)
Submitted: July 15, 2014 Decided: July 30, 2014
Before MOTZ, DUNCAN, and WYNN, Circuit Judges.
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Affirmed by unpublished per curiam opinion.
Joy First; Phillip Runkel; Malachy Kilbride; Janice Sevre’-
Duszynska; Max Obuszewski, Appellants Pro Se. Stacy M. Chaffin,
Special Assistant United States Attorney, Rosanne Cannon Haney,
OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
After a bench trial before a magistrate judge, Joy
First, Phillip Runkel, Malachy Kilbride, Janice Sevre’-Duszynska
and Max Obuszewski were convicted of trespassing in violation of
32 C.F.R. § 1903.7(a) (2014). The district court affirmed their
convictions. On appeal, the Appellants challenge the
sufficiency of the evidence as well certain evidentiary
decisions made by the magistrate judge.
On appeal from a district court order affirming a
magistrate judge’s decision, we use the same standard used by
the district court: whether the magistrate judge’s findings
when viewed in a light most favorable to the Government were
clearly erroneous. United States v. Hughes,
542 F.2d 246, 248
(5th Cir. 1976). We have reviewed the evidence, including the
various arguments put forth by the Appellants that their conduct
was not illegal, and conclude that there is sufficient evidence
to support the convictions.
We have also reviewed the evidentiary decisions made
by the magistrate judge and conclude that there was no abuse of
discretion. United States v. Cole,
631 F.3d 146, 153 (4th Cir.
2011).
Accordingly, we affirm the district court’s orders.
We dispense with oral argument because the facts and legal
4
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
AFFIRMED
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