US v. Michael Florig, No. 15-4472 (4th Cir. 2016)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-4472 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MICHAEL FLORIG, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Peter J. Messitte, Senior District Judge. (8:15-cr-00056-PJM-1) Submitted: December 22, 2015 Decided: January 14, 2016 Before WILKINSON, KING, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Richard J. Link, Jr., KARPEL, LINK & CAPORALETTI, Rockville, Maryland, for Appellant. Rod J. Rosenstein, United States Attorney, Hollis Raphael Weisman, Assistant United States Attorney, Greenbelt, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: In a bench trial before a magistrate judge, Michael Florig was convicted of theft of government property. court affirmed his conviction. The district On appeal, Florig argues that there was insufficient evidence that the property found in his possession belonged to the Government because the only evidence on this issue was circumstantial. “We review a challenge to the sufficiency of the evidence de novo. to the If, viewing the evidence in the light most favorable Government, support the we find conviction, we there is will substantial affirm the evidence jury to verdict.” United States v. McDonnell, 792 F.3d 478, 515 (4th Cir. 2015) (internal quotation marks and citation omitted), petition for cert. filed, ___ U.S.L.W. ___ (U.S. Oct. 15, 2015) (No. 15-474). Significantly, differently than “circumstantial direct evidence evidence, and may is treated no be sufficient to support a guilty verdict even though it does not exclude every reasonable hypothesis consistent States v. Gray, 137 F.3d 765, quotation marks omitted). In with 772 this (4th innocence.” Cir. case, the 1998) United (internal circumstantial evidence that the property found in Florig’s car belonged to the commissary where he worked, as aptly summarized in the district court’s opinion, was overwhelming. Accordingly, we conclude that the evidence was sufficient to support Florig’s conviction. 2 We affirm the judgment of the district court. 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 3
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