US v. Alpheus Adams, No. 09-4840 (4th Cir. 2010)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-4840 UNITED STATES OF AMERICA, Plaintiff Appellee, v. ALPHEUS SPENCER ADAMS, Defendant Appellant. Appeal from the United States District Court for the Western District of Virginia, at Danville. Jackson L. Kiser, Senior District Judge. (4:08-cr-00033-jlk-3) Submitted: June 29, 2010 Decided: July 19, 2010 Before WILKINSON, MOTZ, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Robert Hurt, LAW OFFICES OF ROBERT HURT, Chatham, Virginia, for Appellant. Ronald Andrew Bassford, Assistant United States Attorney, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Alpheus Spencer Adams was convicted after a jury trial and sentenced to 235 months in prison for one count of conspiracy to possess with intent to distribute more than fifty grams of cocaine base, in violation of 21 U.S.C. § 846 (2006), and one count of distribution of more than five grams of cocaine base, in violation of 21 U.S.C. § 841(a)(1) (2006). Counsel has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), stating that after a review of the record, he has found no meritorious issues for appeal. The brief Anders nonetheless suggests that the district court may have erred when it denied Adams Fed. R. Crim. P. 29 motion for judgment of acquittal. reiterating report that declined to Adams filed a pro se supplemental brief, essentially the objections counsel file a raised to his at responsive presentence sentencing. brief. Finding investigation The no Government error, we affirm. First, we reject counsel s suggestion that the district court may have erred when it denied Adams Rule 29 motion based on insufficient evidence. A defendant challenging the sufficiency of the evidence faces a heavy burden. States v. Foster, 507 F.3d 233, 245 (4th Cir. 2007). United This court reviews a sufficiency of the evidence challenge by determining whether, viewing the evidence in the light most favorable to 2 the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. United States v. Collins, 412 F.3d 515, 519 (4th Cir. 2005) (emphasis omitted). However, the court may not weigh the Allen, 491 F.3d 178, 185 (4th Cir. 2007). different, reasonable If the evidence interpretations, decides which interpretation to believe[.] the jury United States v. Murphy, 35 F.3d 143, 148 (4th Cir. 1994) (citation omitted). have reviewed the record and or See United States v. review the credibility of the witnesses. supports evidence conclude that the We Government presented sufficient evidence to support the jury s verdict. We also affirm Adams sentence. investigation report properly placed Adams presentence him in a category I criminal history and attributed him with a total offense level of thirty-eight, months in yielding prison. a Guidelines Moreover, range although of the 235 to district 293 court appropriately heard counsel s argument at sentencing regarding his objections to Adams Guidelines district court correctly overruled district court entertained counsel s range those calculation, objections. argument the The regarding the weight that should be afforded the 18 U.S.C. § 3553(a) (2006) factors, considered allowed Adams the § 3553(a) an opportunity factors 3 before to allocute, imposing and Adams sentence. We find that the district court also adequately explained its rationale for imposing Adams 235-month sentence and that the reasons relied upon by the district plausible and justify the sentence imposed. court are See United States v. Carter, 564 F.3d 325, 328 (4th Cir. 2009). We thus affirm See Allen, 491 F.3d at 193 Adams within-Guidelines sentence. (recognizing that this court applies an appellate presumption of reasonableness to a within-Guidelines sentence). In accordance with Anders, we have reviewed the record in this case and have found no meritorious issues for appeal. We therefore affirm the district court s judgment. This court requires that counsel inform Adams, in writing, of the right to petition the Supreme Court of the United States for further review. If Adams requests that a petition be filed, but counsel believes that such a petition would be frivolous, then counsel may move in representation. this and materials legal before for leave to withdraw from Counsel s motion must state that a copy thereof was served on Adams. facts court We dispense with oral argument because the contentions are adequately the and argument court presented would not in the aid the decisional process. AFFIRMED 4
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