United States v. Wilson

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-4019
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MACEY WILSON, a/k/a Stephen M. Rogers,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Frederic N. Smalkin, District Judge. (CR-
99-237-S)
Submitted: May 19, 2000 Decided: August 11, 2000
Before WILLIAMS, MICHAEL, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
James Wyda, Federal Public Defender, Barry Pollack, Assistant Fed-
eral Public Defender, Baltimore, Maryland, for Appellant. Lynne A.
Battaglia, United States Attorney, Harvey Ellis Eisenberg, Assis-
tant United States Attorney, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Macey Wilson appeals his conviction for being a felon in pos-
session of a firearm, 18 U.S.C.A. § 922(g)(1) (West Supp. 2000).
Wilson claims that the district court erred when it refused to
instruct the jury on identification testimony using the model
instruction that this court approved in United States v. Holley,
502 F.2d 273, 277-78 (4th Cir. 1974). We have reviewed the record
and the briefs and find that the district court did not abuse its
discretion in failing to give a Holley instruction. See United
States v. Patterson, 150 F.3d 382, 387-88 (4th Cir. 1998), cert.
denied, 525 U.S. 1086 (1999). Accordingly, we affirm Wilson’s con-
viction and sentence. We dispense with oral argument because the
facts and legal contentions are adequately presented in the mate-
rials before the court and argument would not aid the decisional
process.
AFFIRMED
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