US v. Hua Fang, No. 13-4544 (4th Cir. 2014)
Annotate this Case
Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4544 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. HUA FANG, a/k/a Hana Fang Tjossem, a/k/a Hwa Bang Fang, a/k/a Bang Hwa Fang, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (1:12-cr-00529-GBL-1) Submitted: May 19, 2014 Decided: May 23, 2014 Before SHEDD and THACKER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. John C. Gardner, GARDNER & MENDOZA, P.C., Virginia Beach, Virginia, for Appellant. Ryan K. Dickey, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Hua Fang appeals the district court s judgment after the jury convicted her of attempted unlawful naturalization in violation of 18 U.S.C. § 1425(a) (2012) and false statement in a naturalization (2012). in violation of 18 U.S.C. § 1015(a) Fang s attorney has filed a brief pursuant to Anders v. California, there matter are 386 738 (1967), asserting, in meritorious no U.S. grounds for but appeal his opinion, raising the issue of whether there was sufficient evidence to convict Fang of the indicted charges. Fang was notified of her right to file a pro se supplemental brief but has not done so. A defendant challenging evidence faces a heavy burden. the We affirm. sufficiency of the United States v. Cone, 714 F.3d 197, 212 (4th Cir. 2013) (citation and quotations omitted). We do not review the credibility of the witnesses and assume that the jury resolved all contradictions in the testimony in favor of the Government. Id. We must uphold a jury verdict if there is substantial evidence, viewed in the light most favorable to the Government, to support it. United States v. Al Sabahi, 719 F.3d 305, 311 (4th Cir.), cert. denied, 134 S. Ct. 464 (2013) (citation and evidence that quotations a omitted). reasonable Substantial finder of fact evidence could accept is as adequate and sufficient to support a conclusion of a defendant s guilt beyond a reasonable doubt. 2 United States v. Burgos, 94 F.3d 849, 862 (4th Cir. 1996) (en banc). We have reviewed the record and conclude that the evidence was sufficient to support Fang s convictions. In accordance with Anders, we have reviewed the entire record and Accordingly, court have we requires found affirm that no meritorious the district counsel inform issues for appeal. court s judgment. his her or This client, in writing, of his or her right to petition the Supreme Court of the United States for further review. that a petition be filed, but If the client requests 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 the client. 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 3
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.
