United States v. Benjamin Phillips ( 1999 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-4684
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
BENJAMIN LLOYD PHILLIPS,
Defendant - Appellant.
Appeal from the United States District Court for the Northern Dis-
trict of West Virginia, at Clarksburg. Irene M. Keeley, District
Judge. (CR-97-15-K)
Submitted: June 30, 1999 Decided: August 11, 1999
Before MURNAGHAN and ERVIN, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
James R. Fox, JORY & SMITH, Elkins, West Virginia, for Appellant.
David E. Godwin, United States Attorney, Sherry L. Muncy, Assistant
United States Attorney, Elkins, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Benjamin Lloyd Phillips appeals his conviction for possessing
an unregistered firearm in violation of 26 U.S.C. § 5861(d) (1994),
and for being a convicted felon in possession of a firearm in vio-
lation of 18 U.S.C. § 922(g) (1994). On appeal, Phillips contests
the district court’s resolution of two evidentiary issues adverse
to him. Phillips contends that the district court erred in ad-
mitting evidence of his prior possession of two sawed-off shotguns
under Fed. R. Evid. 404(b). Phillips also assigns error to the
district court’s ruling precluding him from introducing evidence of
the investigating officer’s discovery of a second sawed-off shotgun
while attempting to locate Phillips in a nearby residence. See
Fed. R. Evid. 401. Because we find that the district court did not
abuse its discretion with respect to either ruling, we conclude
that Phillips’ appeal is without merit. See United States v.
Powers, 59 F.3d 1460, 1464 (4th Cir. 1995); United States v.
Morison, 844 F.2d 1057, 1078 (4th Cir. 1988)
Accordingly, we affirm Phillips’ conviction and sentence. We
dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and
argument would not aid the decisional process.
AFFIRMED