Professional Documents
Culture Documents
Unpublished
Unpublished
No. 11-4756
Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News.
Rebecca Beach Smith,
Chief District Judge. (4:10-cr-00016-RBS-TEM-1)
Submitted:
May 8, 2012
Decided:
PER CURIAM:
Anthony Lee Wainwright appeals the sentence of life
plus eighty-four months imposed following his jury conviction of
conspiracy to obstruct, delay, and affect commerce by robbery,
in
violation
of
18
U.S.C.
1951(a)
(2006)
(Count
One);
in
violation
of
18
U.S.C.
922(g)(1)
(2006)
(Count
of
18
U.S.C.
924(c)(1)(A)
(2006)
(Count
Four);
U.S.C.
924(j)
(Count
Six);
and
killing
witness
to
1512(a)(1)(C),
Seven).
The
(a)(3)(A)
charges
(West
arose
2000
from
&
the
Supp.
robbery
2011)
of
On
appeal,
Wainwright
Wainwright
did
argues
that
insufficient
We affirm.
not
file
Federal
Rule
of
In reviewing a challenge
favorable
States v.
to
the
Perkins,
Government,
470
F.3d
to
150,
support
160
it.
(4th
United
Cir.
2006).
could
accept
as
adequate
and
sufficient
to
support
States
(internal
v.
King,
quotation
628
marks
F.3d
693,
omitted).
700
In
(4th
resolving
Cir.
2011)
issues
of
assume
that
the
jury
resolved
all
contradictions
in
has
therefore
waived
review
on
that
count.
See
United
As to the
establish
conspiracy
to
commit
Hobbs
Act
robbery,
the
three elements.
Here,
after
hearing
testimony
from
two
Hardees
consistent
coconspirators,
testimony
the
jury
conspired
to
Although
Wainwright
coconspirators
commit
was
from
several
reasonably
and
did
argues
concluded
commit
that
contradictory
of
the
and
Wainwrights
that
Hobbs
Wainwright
Act
testimony
incredible,
we
robbery.
of
his
will
not
support
conviction
for
using
or
carrying
18 U.S.C. 924(c)(1)(A). *
must
show
that
the
defendant,
in
the
course
of
18 U.S.C. 924(j).
Here,
two
Hardees
employees
testified
that
they
contention,
there
was
substantial
Contrary to
evidence,
even
jury
could
conclude
beyond
reasonable
doubt
that
to
establish
violation
of
18
U.S.C.A.
killing,
(2)
committed
with
particular
intent,
Fowler v. United
victim
knew
each
other
and
that
Wainwright
told
several
people that he killed the victim because she saw his face and
would be able to identify him.
the
foregoing
courts judgment.
facts
and
materials
legal
before
we
affirm
the
district
court
are
adequately
and
argument
presented
would
not
in
the
aid
the
decisional process.
AFFIRMED