Filed: Nov. 26, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-4374 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LAVAR RESHAUD FORD, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Senior District Judge. (3:13-cr-00163-JRS-1) Submitted: November 20, 2014 Decided: November 26, 2014 Before SHEDD, KEENAN, and WYNN, Circuit Judges. Affirmed by unpublished per curiam opinion. Michael S. Nachmanoff
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-4374 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LAVAR RESHAUD FORD, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Senior District Judge. (3:13-cr-00163-JRS-1) Submitted: November 20, 2014 Decided: November 26, 2014 Before SHEDD, KEENAN, and WYNN, Circuit Judges. Affirmed by unpublished per curiam opinion. Michael S. Nachmanoff,..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-4374
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LAVAR RESHAUD FORD,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. James R. Spencer, Senior
District Judge. (3:13-cr-00163-JRS-1)
Submitted: November 20, 2014 Decided: November 26, 2014
Before SHEDD, KEENAN, and WYNN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Michael S. Nachmanoff, Federal Public Defender, Caroline S.
Platt, Appellate Attorney, Mary E. Maguire, Assistant Federal
Public Defender, Alexandria, Virginia, for Appellant. Dana J.
Boente, United States Attorney, Michael A. Jagels, Special
Assistant United States Attorney, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Lavar Reshaud Ford was convicted following a jury
trial of being a felon in possession of a firearm and
ammunition, in violation of 18 U.S.C. § 922(g)(1) (2012). Ford
appeals, challenging the district court’s denial of his Rule 29
motions for a judgment of acquittal.
We review the district court’s denial of a Rule 29
motion de novo. United States v. Jaensch,
665 F.3d 83, 93 (4th
Cir. 2011). We must sustain the jury’s verdict if “there is
substantial evidence in the record, when viewed in the light
most favorable to the government, to support the conviction.”
Id. (internal quotation marks omitted). “Substantial evidence
is 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.”
Id. (alteration and internal
quotation marks omitted). “Reversal for insufficient evidence
is reserved for the rare case where the prosecution’s failure is
clear.” United States v. Ashley,
606 F.3d 135, 138 (4th Cir.
2010) (internal quotation marks omitted).
To convict Ford of being a felon in possession of a
firearm and ammunition, the Government had to prove three
elements: (1) Ford knowingly possessed a firearm and
ammunition; (2) Ford had a prior felony conviction; and (3) the
firearm and ammunition traveled in interstate commerce. United
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States v. Royal,
731 F.3d 333, 337 (4th Cir. 2013), cert.
denied,
134 S. Ct. 1777 (2014). Ford concedes that he had a
prior felony conviction and that the firearm and ammunition
traveled in interstate commerce. However, he argues that the
Government did not establish that he actually possessed a
firearm and ammunition.
Possession may be proved by showing that Ford actually
possessed a firearm and ammunition by exercising physical
control over them. United States v. Scott,
424 F.3d 431, 435
(4th Cir. 2005). Because the Government introduced ample
circumstantial evidence from which a reasonable factfinder could
conclude beyond a reasonable doubt that Ford had exercised
physical control over a loaded handgun, we conclude that there
is sufficient evidence to support the jury’s finding that Ford
possessed a firearm and ammunition. Thus, the district court
did not err by denying Ford’s Rule 29 motions.
Accordingly, we affirm the judgment of the district
court. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
before this court and argument would not aid the decisional
process.
AFFIRMED
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