[go: up one dir, main page]
Scribd
Upload
334 views4 pages

Legal Appeal Outcome: Wiggins Case

Terrance Lamar Wiggins was convicted of conspiracy to distribute cocaine, possession of a firearm in furtherance of drug trafficking, and felon in possession of firearms. Wiggins appealed, arguing the district court erred in denying his motion for judgment of acquittal on the firearm charge. The appeals court reviewed the record and found sufficient evidence to sustain the jury's verdict, including evidence that Wiggins possessed a firearm that furthered his drug trafficking activities based on various factors like the type of drug activity and accessibility of the firearm. The appeals court affirmed Wiggins' convictions and sentence.

Uploaded by

Scribd Government Docs
Copyright
© Public Domain
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
334 views4 pages

Legal Appeal Outcome: Wiggins Case

Terrance Lamar Wiggins was convicted of conspiracy to distribute cocaine, possession of a firearm in furtherance of drug trafficking, and felon in possession of firearms. Wiggins appealed, arguing the district court erred in denying his motion for judgment of acquittal on the firearm charge. The appeals court reviewed the record and found sufficient evidence to sustain the jury's verdict, including evidence that Wiggins possessed a firearm that furthered his drug trafficking activities based on various factors like the type of drug activity and accessibility of the firearm. The appeals court affirmed Wiggins' convictions and sentence.

Uploaded by

Scribd Government Docs
Copyright
© Public Domain
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
You are on page 1/ 4

UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 13-4403

UNITED STATES OF AMERICA,


Plaintiff - Appellee,
v.
TERRANCE LAMAR WIGGINS, a/k/a T-Wig, a/k/a Barnwell,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Aiken. Margaret B. Seymour, Senior District
Judge. (1:12-cr-00333-MBS-1)

Submitted:

June 30, 2014

Before WYNN and


Circuit Judge.

THACKER,

Decided:

Circuit

Judges,

and

July 15, 2014

DAVIS,

Senior

Affirmed by unpublished per curiam opinion.

John M. Ervin, III, ERVIN LAW OFFICE, Darlington, South


Carolina, for Appellant.
Julius Ness Richardson, Assistant
United States Attorney, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Terrance

Lamar

Wiggins

was

convicted,

after

jury

trial, of one count of conspiracy to possess with intent to


distribute and to distribute five kilograms or more of cocaine,
in violation of 21 U.S.C. 841(a)(1), (b)(1)(A), 846 (2012),
one count of possession of a firearm in furtherance of a drug
trafficking crime, in violation of 18 U.S.C. 924(c) (2012),
and one count of felon in possession of firearms and ammunition,
in violation of 18 U.S.C. 922(g) (2012).

The district court

sentenced Wiggins to life imprisonment on the conspiracy count,


120

months

on

concurrently,
count.

On

the
and

felon
sixty

appeal,

in

possession

months

counsel

count,

consecutive

has

filed

to

on
brief

be

the

served

924(c)

pursuant

to

Anders v. California, 386 U.S. 738 (1967), stating that there


are no meritorious issues for appeal, but questioning whether
the

district

judgment

of

court

erred

acquittal

on

in

denying

Wigginss

the

924(c)

count.

motion

for

Wiggins

was

advised of his right to file a pro se supplemental brief, but


has not filed a brief.

The Government declined to file a brief.

This court reviews de novo the district courts denial


of a Rule 29 motion.
(4th Cir. 2011).
the

verdict,

inferences

United States v. Jaensch, 665 F.3d 83, 93

If there is substantial evidence to support

after

therefrom

viewing
in

the

all

of

light
2

the
most

evidence

and

the

favorable

to

the

Government,

the

Penniegraft,
quotation
evidence

court

641

marks
which

F.3d

must
566,

affirm.
572

omitted).
a

reasonable

(4th

United
Cir.

Substantial
finder

of

States

2011)

(internal

evidence

fact

could

v.

is

that

accept

as

adequate and sufficient to support a conclusion of a defendants


guilt beyond a reasonable doubt.
719

F.3d

305,

311

(4th

Cir.

United States v. Al Sabahi,

2013)

(internal

quotation

omitted), cert. denied, 134 S. Ct. 464 (2013).

marks

The court does

not review the credibility of the witnesses and assume[s] that


the jury resolved all contradictions in the testimony in favor
of the government.

United States v. Foster, 507 F.3d 233, 245

(4th Cir. 2007).


In order to prove the 924(c) violation charged in
the indictment, the Government was required to establish that:
(1) Wiggins possessed a firearm, and (2) that the possession
. . . furthered, advanced, or helped forward a drug trafficking
crime.
2002).
to

United States v. Lomax, 293 F.3d 701, 705 (4th Cir.


[T]here are many factors that might lead a fact finder

conclude

that

connection

existed

between

defendants

possession of a firearm and his drug trafficking activity.

Id.

These include the type of drug activity . . . being conducted,


accessibility of the firearm, the type of weapon, whether the
weapon is stolen, the status of the possession (legitimate or
illegal), whether the gun is loaded, proximity to drugs or drug
3

profits, and the time and circumstances under which the gun is
found.

Id. (internal quotation marks omitted).

Our review of

the record leads us to conclude that the evidence was sufficient


to sustain the jurys verdict and the district court did not err
in denying Wigginss motion for judgment of acquittal.
In accordance with Anders, we have reviewed the entire
record in this case and have found no meritorious issues for
appeal.

We therefore affirm Wigginss convictions and sentence.

This court requires that counsel inform Wiggins, in writing, of


the right to petition the Supreme Court of the United States for
further review.

If Wiggins requests that a petition be filed,

but counsel believes that such a petition would be frivolous,


then counsel may move in this court for leave to withdraw from
representation.

Counsels motion must state that a copy thereof

was served on Wiggins.


We dispense with oral argument because the facts and
legal
before

contentions
this

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.
AFFIRMED

You might also like