US v. Terrance Wiggins, No. 13-4403 (4th Cir. 2014)
Annotate this Case
Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4403 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TERRANCE LAMAR WIGGINS, a/k/a T-Wig, a/k/a Barnwell, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Aiken. Margaret B. Seymour, Senior District Judge. (1:12-cr-00333-MBS-1) Submitted: June 30, 2014 Before WYNN and Circuit Judge. THACKER, Decided: Circuit Judges, and July 15, 2014 DAVIS, Senior Affirmed by unpublished per curiam opinion. John M. Ervin, III, ERVIN LAW OFFICE, Darlington, South Carolina, for Appellant. Julius Ness Richardson, Assistant United States Attorney, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Terrance Lamar Wiggins was convicted, after a jury trial, of one count of conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), 846 (2012), one count of possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c) (2012), and one count of felon in possession of firearms and ammunition, in violation of 18 U.S.C. § 922(g) (2012). The district court sentenced Wiggins to life imprisonment on the conspiracy count, 120 months on concurrently, count. On the and felon sixty appeal, in possession months counsel count, consecutive has filed a to on brief be the served § 924(c) pursuant to Anders v. California, 386 U.S. 738 (1967), stating that there are no meritorious issues for appeal, but questioning whether the district judgment of court erred acquittal on in denying Wiggins s the § 924(c) count. motion for Wiggins was advised of his right to file a pro se supplemental brief, but has not filed a brief. The Government declined to file a brief. This court reviews de novo the district court s denial of a Rule 29 motion. (4th Cir. 2011). the verdict, inferences United States v. Jaensch, 665 F.3d 83, 93 If there is substantial evidence to support after therefrom viewing in the all of light 2 the most evidence and the favorable to the Government, the Penniegraft, quotation evidence court 641 marks which F.3d must 566, affirm. 572 omitted). a reasonable (4th United Cir. Substantial finder of States 2011) (internal evidence fact could v. is that accept as adequate and sufficient to support a conclusion of a defendant s guilt beyond a reasonable doubt. 719 F.3d 305, 311 (4th Cir. United States v. Al Sabahi, 2013) (internal quotation omitted), cert. denied, 134 S. Ct. 464 (2013). marks The court does not review the credibility of the witnesses and assume[s] that the jury resolved all contradictions in the testimony in favor of the government. United States v. Foster, 507 F.3d 233, 245 (4th Cir. 2007). In order to prove the § 924(c) violation charged in the indictment, the Government was required to establish that: (1) Wiggins possessed a firearm, and (2) that the possession . . . furthered, advanced, or helped forward a drug trafficking crime. 2002). to United States v. Lomax, 293 F.3d 701, 705 (4th Cir. [T]here are many factors that might lead a fact finder conclude that a connection existed between a defendant s possession of a firearm and his drug trafficking activity. Id. These include the type of drug activity . . . being conducted, accessibility of the firearm, the type of weapon, whether the weapon is stolen, the status of the possession (legitimate or illegal), whether the gun is loaded, proximity to drugs or drug 3 profits, and the time and circumstances under which the gun is found. Id. (internal quotation marks omitted). Our review of the record leads us to conclude that the evidence was sufficient to sustain the jury s verdict and the district court did not err in denying Wiggins s motion for judgment of acquittal. In accordance with Anders, we have reviewed the entire record in this case and have found no meritorious issues for appeal. We therefore affirm Wiggins s convictions and sentence. This court requires that counsel inform Wiggins, in writing, of the right to petition the Supreme Court of the United States for further review. If Wiggins requests that a petition be filed, but counsel believes that such a petition would be frivolous, then counsel may move in this court for leave to withdraw from representation. Counsel s motion must state that a copy thereof was served on Wiggins. We dispense with oral argument because the facts and legal before contentions this court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 4
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
