Filed: May 01, 2007
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT May 1, 2007 Charles R. Fulbruge III Clerk No. 06-50725 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSEPH LEON PLUMMER, Defendant-Appellant. - Appeal from the United States District Court for the Western District of Texas USDC No. 6:05-CR-218 - Before DeMOSS, STEWART, and PRADO, Circuit Judges. PER CURIAM:* Joseph Leon Plummer appeals his jury convictions f
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT May 1, 2007 Charles R. Fulbruge III Clerk No. 06-50725 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSEPH LEON PLUMMER, Defendant-Appellant. - Appeal from the United States District Court for the Western District of Texas USDC No. 6:05-CR-218 - Before DeMOSS, STEWART, and PRADO, Circuit Judges. PER CURIAM:* Joseph Leon Plummer appeals his jury convictions fo..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT May 1, 2007
Charles R. Fulbruge III
Clerk
No. 06-50725
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSEPH LEON PLUMMER,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:05-CR-218
--------------------
Before DeMOSS, STEWART, and PRADO, Circuit Judges.
PER CURIAM:*
Joseph Leon Plummer appeals his jury convictions for being a
felon in possession of a firearm, in violation of 18 U.S.C.
§ 922(g)(1), and being in possession of an unregistered firearm,
in violation of 26 U.S.C. § 5861(d). Plummer argues that the
evidence was insufficient to prove that he knowingly possessed
the firearm. Because Plummer failed to move for a judgment of
acquittal at the close of all evidence, review is limited to
determining whether there was a “manifest miscarriage of
justice.” See United States v. Avants,
367 F.3d 433, 499 (5th
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 06-50725
-2-
Cir. 2004). A review of the record indicates that there is
sufficient evidence of guilt. Therefore, Plummer has not shown
that his conviction would result in a “manifest miscarriage of
justice.” See
id. Accordingly, Plummer’s conviction is
AFFIRMED.