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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 18-11038
Non-Argument Calendar
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D.C. Docket No. 1:17-cr-20291-MGC-1
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TERRANCE HARRELL,
Defendant - Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(March 8, 2019)
Before WILLIAM PRYOR, JILL PRYOR and ANDERSON, Circuit Judges.
PER CURIAM:
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Terrance Harrell appeals his conviction for being a felon in possession of a
firearm. 18 U.S.C. § 922(g)(1). Harrell challenges the sufficiency of the evidence
to support his conviction. We affirm.
We review de novo the denial of a motion for a judgment of acquittal.
United States v. Gamory,
635 F.3d 480, 497 (11th Cir. 2011). “We view the
evidence in the light most favorable to the government, making all reasonable
inferences and credibility choices in [its] favor, and then determine whether a
reasonable jury could have found the defendant guilty beyond a reasonable doubt.”
Id. (alteration adopted, internal quotation marks and citation omitted). “Credibility
determinations are the exclusive province of the jury” and we accept them unless
the testimony is incredible as a matter of law. United States v. Calderon,
127 F.3d
1314, 1325 (11th Cir. 1997) (quoting United States v. Parrado,
911 F.2d 1567,
1571 (11th Cir. 1990)). To be incredible as a matter of law, testimony must be
“unbelievable on its face,” in that it conveys “facts that the witness physically
could not have possibly observed or events that could not have occurred under the
laws of nature.”
Id. (quoting United States v. Rivera,
775 F.2d 1559, 1561 (11th
Cir. 1985)).
The crime of possessing a firearm as a felon is comprised of three elements,
two of which are not in dispute. Harrell admitted that he had been convicted of a
felony offense and that a Glock nine-millimeter handgun discovered in his parents’
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yard had traveled in interstate commerce. The sole issue in dispute at trial was
whether Harrell possessed the handgun.
The district court did not err by denying Harrell’s motion for a judgment of
acquittal. Testimony from Detectives Thomas Wever and Alexis Marrero,
statements recorded by Wever’s body camera, and the detectives’ discovery of the
Glock handgun and accessories unique to that firearm provided sufficient evidence
that Harrell possessed the firearm. After leading the detectives on a high-speed car
chase, Harrell abandoned his vehicle and fled on foot through his parents’ yard
while gripping his waistband in an “awkward way.” The body camera recorded
that when Detective Wever saw Harrell display a semi-automatic handgun with an
extended magazine, he warned “gun, gun, gun, 55” to his fellow officers and
ordered Harrell to display his hands and “drop the gun.” Detective Marrero then
witnessed Harrell “throw up his arm and . . . saw a . . . black gun[] with a long
magazine . . . in the air” moments before Harrell fell to the ground. Detective
Marrero discovered a Glock handgun lying on the ground close to Harrell’s route
through the yard, and Detective Wever seized a holster for the Glock handgun
from the floorboard beneath the driver’s seat in Harrell’s car. Detective Marrero
also found an ammunition magazine for the Glock handgun in the rear seat of his
patrol car after he transported Harrell to the police station. Harrell argues about
inconsistencies in the detectives’ testimony, but because their statements were not
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incredible as a matter of law, we must accept the jury’s finding that the testimony
was credible. See
Calderon, 127 F.3d at 1325.
We AFFIRM Harrell’s judgment of conviction.
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