United States v. Sang Min Lee ( 2002 )


Menu:
  •                           UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    UNITED STATES OF AMERICA,              
    Plaintiff-Appellee,
    v.                                No. 01-4592
    SANG MIN LEE, a/k/a Sangmin Lee,
    Defendant-Appellant.
    
    Appeal from the United States District Court
    for the Eastern District of North Carolina, at Raleigh.
    Malcolm J. Howard, District Judge.
    (CR-00-71)
    Submitted: January 17, 2002
    Decided: January 30, 2002
    Before WILKINS and KING, Circuit Judges, and
    HAMILTON, Senior Circuit Judge.
    Affirmed by unpublished per curiam opinion.
    COUNSEL
    Vaughan S. Winborne, Jr., Raleigh, North Carolina, for Appellant.
    John Stuart Bruce, United States Attorney, Anne M. Hayes, Assistant
    United States Attorney, David J. Cortes, Assistant United States
    Attorney, Raleigh, North Carolina, for Appellee.
    2                        UNITED STATES v. LEE
    Unpublished opinions are not binding precedent in this circuit. See
    Local Rule 36(c).
    OPINION
    PER CURIAM:
    Sang Min Lee was convicted by a jury for aiding and abetting
    armed bank robbery and was sentenced to eighty-seven months incar-
    ceration. He appeals on the grounds that the jury’s refusal to convict
    him of conspiracy, count one of the indictment, proves that there is
    insufficient evidence to support the armed robbery charge. Specifi-
    cally, Lee argues that the facts upon which the jury relied to find him
    guilty of armed robbery were rejected by the jury when it found him
    not guilty of conspiracy.
    The Supreme Court has held that a jury’s verdict is not reviewable
    for internal inconsistencies. United States v. Powell, 
    469 U.S. 57
    , 68-
    69 (1984). See also United States v. Love, 
    134 F.3d 595
    , 606 (4th Cir.
    1998). Therefore, even if the jury found the facts supported one
    crime, but not the other, its verdict is granted broad deference. Fur-
    ther, there is sufficient evidence on the record to support Lee’s con-
    viction. The Government presented several witnesses who described
    Lee’s role in the crime, from its planning stages to his ultimate arrest,
    as well as physical evidence connecting Lee to the crime. Therefore,
    the jury had ample evidence upon which to base its decision.
    We affirm Lee’s conviction and sentence. We dispense with oral
    argument because the facts and legal contentions are adequately pre-
    sented in the materials before the court and argument would not aid
    the decisional process.
    AFFIRMED
    

Document Info

Docket Number: 01-4592

Judges: Wilkins, King, Hamilton

Filed Date: 1/30/2002

Precedential Status: Non-Precedential

Modified Date: 11/5/2024