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 2000-04

United States v. Roger Dale Hodges ( 2000 )


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  • UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.                                                                     No. 99-4544
ROGER DALE HODGES,
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Virginia, at Abingdon.
James P. Jones, District Judge.
(CR-99-5)
Submitted: February 29, 2000
Decided: April 24, 2000
Before WIDENER and MICHAEL, Circuit Judges,
and BUTZNER, Senior Circuit Judge.
_________________________________________________________________
Affirmed by unpublished per curiam opinion.
_________________________________________________________________
COUNSEL
Christopher F. Cowan, COWAN, NORTH & LAFRATTA, L.L.P.,
Richmond, Virginia, for Appellant. Robert P. Crouch, Jr., United
States Attorney, Rick A. Mountcastle, Assistant United States Attor-
ney, Abingdon, Virginia, for Appellee.
_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
_________________________________________________________________
OPINION
PER CURIAM:
Roger Dale Hodges appeals from sentences totaling 168 months
following his convictions for two counts of possession of firearms and
ammunition by a felon,
    18 U.S.C.A. § 922
    (g)(1) (West Supp. 1999),
and possession with the intent to distribute marijuana,
    21 U.S.C. § 841
    (a) (1994). We have reviewed the record, find no reversible
error, and affirm.
Hodges claims that the evidence was insufficient to support his
convictions. This court reviews a jury verdict for sufficiency of the
evidence by determining whether there is substantial evidence, when
viewed in a light most favorable to the government, to support the
verdict. See Glasser v. United States,
    315 U.S. 60
    , 80 (1942). In eval-
uating the sufficiency of the evidence, this court does not review the
credibility of the witnesses and assumes that the jury resolved all con-
tradictions in the testimony in favor of the government. See United
States v. Romer,
    148 F.3d 359
    , 364 (4th Cir. 1998), cert. denied,
    525 U.S. 1141
     (1999). In order to prove that Hodges violated
    18 U.S.C.A. § 922
    (g)(1), the Government had to prove that: (1) he was previously
convicted of a felony and his right to possess a firearm had not been
restored; (2) he knowingly possessed the firearm; and (3) the firearm
that he possessed had traveled in or affected interstate commerce. See
United States v. Langley,
    62 F.3d 602
    , 606 (4th Cir. 1995) (en banc).
To show Hodges' guilt on the drug charge, the Government had to
demonstrate that Hodges knowingly and intentionally possessed the
marijuana and that he had the specific intent to distribute it. See
    21 U.S.C.A. § 841
    (a). We have reviewed the record and find that sub-
stantial evidence supported the jury's verdicts.
Hodges also claims that the trial court erred when it admitted evi-
dence of his prior convictions. This court reviews a district court's
evidentiary rulings for an abuse of discretion. See United States v.
2
Grimmond,
    137 F.3d 823
    , 831 (4th Cir.), cert. denied, ___ U.S. ___,
    119 S. Ct. 124
     (1998). Although a defendant's prior bad acts may not
be admitted to show his conformity therewith, see Fed. R. Evid.
404(b), such evidence may be admissible if it is:"(1) relevant to some
issue other than character, (2) necessary to prove an element of the
crime charged, and (3) reliable." See United States v. Van Metre,
    150 F.3d 339
    , 349 (4th Cir. 1998). Although Fed. R. Evid. 404(b) is an
inclusive rule, see Grimmond,
    137 F.3d at 831
    , certain evidence meet-
ing the criteria of this rule will be excluded if its probative value is
substantially outweighed by the danger of unfair prejudice. See Fed.
R. Evid. 403. Unfair prejudice refers to evidence that has a tendency
"to lure the factfinder into declaring guilt on a ground different from
proof specific to the offense charged." See Old Chief v. United States,
    519 U.S. 172
    , 180 (1997). The record discloses that the district court
did not abuse its discretion in admitting the prior acts evidence.
Accordingly, we affirm Hodges' convictions and sentences. We
dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and argu-
ment would not aid the decisional process.
AFFIRMED
3