Filed: Jun. 01, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-4771 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LAWRENCE LEO HAWKINS, JR., Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Arenda L. Wright Allen, District Judge. (2:12-cr-00197-AWA-LRL-1) Submitted: May 5, 2015 Decided: June 1, 2015 Before SHEDD, FLOYD, and THACKER, Circuit Judges. Affirmed by unpublished per curiam opinion. Harry Dennis Harmon,
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-4771 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LAWRENCE LEO HAWKINS, JR., Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Arenda L. Wright Allen, District Judge. (2:12-cr-00197-AWA-LRL-1) Submitted: May 5, 2015 Decided: June 1, 2015 Before SHEDD, FLOYD, and THACKER, Circuit Judges. Affirmed by unpublished per curiam opinion. Harry Dennis Harmon, J..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-4771
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LAWRENCE LEO HAWKINS, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Arenda L. Wright Allen,
District Judge. (2:12-cr-00197-AWA-LRL-1)
Submitted: May 5, 2015 Decided: June 1, 2015
Before SHEDD, FLOYD, and THACKER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Harry Dennis Harmon, Jr., Norfolk, Virginia, for Appellant.
Dana J. Boente, United States Attorney, William D. Muhr,
Assistant United States Attorney, Norfolk, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Lawrence Leo Hawkins, Jr., appeals his jury convictions and
97-month sentence for one count each of: (1) possession with
intent to distribute cocaine, in violation of 21 U.S.C.
§§ 841(a)(1), (b)(1)(C) (2012); (2) possession of heroin, in
violation of 21 U.S.C. § 844 (2012); (3) possession of a firearm
in furtherance of a drug trafficking crime, in violation of 18
U.S.C. § 924(c)(1)(A) (2012); and (4) being a felon in
possession of a firearm, in violation of 18 U.S.C. § 922(g)(1)
(2012). Hawkins asserts that the district court erred when it
denied his motions to dismiss the counts against him, and also
argues that his status as a Moorish-American National divested
the district court of jurisdiction over him. 1 Finding no
reversible error, we affirm.
This court reviews de novo the district court’s denial of a
motion for judgment of acquittal. United States v. Strayhorn,
743 F.3d 917, 921 (4th Cir.), cert. denied,
134 S. Ct. 2689
1
Although Hawkins’ counsel asserts that the issue
pertaining to the motions to dismiss is meritorious, he asserts
that the jurisdictional issue is raised pursuant to Anders v.
California,
386 U.S. 738 (1967), and concedes that the issue is
meritless. Because we conclude that counsel’s effort to combine
a meritorious claim with a claim conceded to be lacking in merit
does not comport with the Anders framework, see
id. at 744-45
(setting forth procedure to be followed when counsel finds “case
to be wholly frivolous”), we decline to consider this appeal
pursuant to Anders.
2
(2014). In assessing the sufficiency of the evidence, we
determine whether there is substantial evidence to support the
conviction when viewed in the light most favorable to the
Government.
Id. “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.” United States v. Jaensch,
665 F.3d 83, 93
(4th Cir. 2011) (internal quotation marks omitted). The test is
whether “any rational trier of fact could have found the
essential elements of the crime beyond a reasonable doubt.”
United States v. Madrigal–Valadez,
561 F.3d 370, 374 (4th Cir.
2009) (internal quotation marks omitted). When resolving issues
of substantial evidence, this court does not reweigh the
evidence or reassess the factfinder’s determination of witness
credibility, and it must assume that the jury resolved all
contradictions in testimony in favor of the Government. See
United States v. Roe,
606 F.3d 180, 186 (4th Cir. 2010).
With these standards in mind, we have reviewed the record
and find that the evidence presented was sufficient to support a
conviction as to each of the counts with which Hawkins was
charged. Accordingly, we find that the district court did not
3
err in denying Hawkins’ motions to dismiss the charges against
him. 2
We therefore affirm the district court’s judgment. 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
2
We agree with counsel that Hawkins’ argument pertaining to
the district court’s jurisdiction over him is meritless. See 18
U.S.C. § 3231 (2012) (“The district courts of the United States
shall have original jurisdiction, exclusive of the courts of the
States, of all offenses against the laws of the United
States.”).
4