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No. 13-4593
Appeal from the United States District Court for the District of
South Carolina, at Columbia.
Cameron McGowan Currie, Senior
District Judge. (3:12-cr-00850-CMC-3)
Submitted:
Decided:
PER CURIAM:
Virgil Lamonte Johnson was convicted of: conspiracy to
possess
with
intent
to
distribute
cocaine,
21
U.S.C.
crime
or
crime
of
violence,
18
U.S.C.
924(o)
by
convicted
(Count Seven).
felon,
18
U.S.C.
922(g)(1)
(2012)
months in prison.
Johnson now appeals.
issues.
first
questions
whether
the
evidence
v.
assessing
McLean,
715
evidentiary
F.3d
129,
sufficiency,
2
137
we
was
(4th
must
Cir.
United
2013).
determine
In
whether,
viewing
the
Government
evidence
and
in
the
accepting
the
light
most
favorable
factfinders
to
the
determinations
of
adequate
and
sufficient
to
support
conclusion
628
F.3d
693,
700
(4th
Cir.
2011)
of
United States v.
(internal
quotation
marks omitted).
The
evidence
presented
at
trial
established
that
Hughey
that
there
might
be
ten
and
fifteen
occasions.
Additionally,
Johnson
met
with
the
Johnson
was
to
enter
the
house
and
Among other
restrain
the
Brice,
and
Hughey
met
at
Hugheys
apartment,
where
The men
Brice would serve as the driver, that Hughey and Johnson would
enter
the
stash
house,
and
that
Johnson
would
secure
the
Next, they
handguns,
Additionally,
three
officers
bulletproof
recovered
vests
from
and
Johnsons
ammunition.
person
gloves
light
of
this
testimony,
we
conclude
that
the
and
Four.
We
further
4
hold
that
the
evidence
was
that
Johnson
voluntarily
possessed
firearm.
in
the
case
interstate commerce.
had
been
shipped
or
transported
in
provided
pursuant
to
written
proffer
agreement.
The
agreement
would
become
null
and
void
if
Johnson
were
v.
conclude
Gillion,
that
the
704
F.3d
district
284,
court
292
(4th
properly
Cir.
2012),
permitted
use
we
of
III
In
issues.
his
supplemental
brief,
Johnson
raises
several
has merit.
Cir.
2008).
Second,
because
the
evidence
did
not
Cir.
2006),
but
instead
established
his
willingness
to
was
not
error.
Finally,
we
find
no
merit
to
Accordingly,
we
affirm.
This
court
requires
that
Court
of
the
United
States
for
further
review.
If
this
Court
for
leave
to
withdraw
6
from
representation.
Counsels motion must state that a copy of the motion was served
on Johnson.
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