Filed: Nov. 10, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-4447 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHARLIE MCCANTS, JR., Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Columbia. Margaret B. Seymour, Senior District Judge. (3:12-cr-00768-MBS-1) Submitted: October 30, 2014 Decided: November 10, 2014 Before GREGORY, DUNCAN, and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Timothy W. Murp
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-4447 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHARLIE MCCANTS, JR., Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Columbia. Margaret B. Seymour, Senior District Judge. (3:12-cr-00768-MBS-1) Submitted: October 30, 2014 Decided: November 10, 2014 Before GREGORY, DUNCAN, and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Timothy W. Murph..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-4447
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CHARLIE MCCANTS, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Margaret B. Seymour, Senior
District Judge. (3:12-cr-00768-MBS-1)
Submitted: October 30, 2014 Decided: November 10, 2014
Before GREGORY, DUNCAN, and KEENAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Timothy W. Murphy, KOLB & MURPHY, ATTORNEYS AT LAW, LLC, Sumter,
South Carolina, for Appellant. William N. Nettles, United
States Attorney, T. DeWayne Pearson, Assistant United States
Attorney, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
A jury convicted Charlie McCants, Jr., of passing
fictitious financial obligations, in violation of 18 U.S.C.
§ 514 (2012). McCants appeals his convictions, challenging the
district court’s refusal to give a good faith jury instruction.
We affirm.
In determining whether the district court erred in its
instructions to the jury, we “review the district court’s jury
instructions in their entirety and as part of the whole trial,
and focus on whether the district court adequately instructed
the jury regarding the elements of the offense and the
defendant’s defenses.” United States v. Wilson,
198 F.3d 467,
469 (4th Cir. 1999) (citation omitted). We consider de novo
whether a district court has properly instructed a jury on the
statutory elements of an offense, United States v. Woods,
710
F.3d 195, 207 (4th Cir. 2013), but review for abuse of
discretion the district court’s decision as to whether to give a
jury instruction and the content of the instruction. See United
States v. Jinwright,
683 F.3d 471, 478 (4th Cir. 2012). A
court’s refusal to give a requested instruction is reversible
error if the instruction “(1) was correct; (2) was not
substantially covered by the court’s charge to the jury; and (3)
dealt with some point in the trial so important, that failure to
give the requested instruction seriously impaired the
2
defendant’s ability to conduct his defense.” United States v.
Lespier,
725 F.3d 437, 449 (4th Cir. 2013) (internal quotation
marks omitted), cert denied,
134 S. Ct. 974 (2014).
We conclude that the district court provided an
adequate specific intent instruction to the jury, and thus was
not required to give an additional instruction on good faith.
See United States v. Fowler,
932 F.2d 306, 317 (4th Cir. 1991)
(holding good faith jury instruction unnecessary when court gave
adequate specific intent instruction). 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 the court and argument would
not aid the decisional process.
AFFIRMED
3