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No. 14-4669
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. James A. Beaty, Jr.,
Senior District Judge. (1:14-cr-00037-JAB-1)
Submitted:
Decided:
PER CURIAM:
Roger Wayne Jones, III, appeals his jury conviction and
204-month sentence for possession of a firearm by a convicted
felon, in violation of 18 U.S.C. 922(g)(1), 924(e) (2012).
Joness
counsel
California,
386
has
U.S.
filed
738
brief
(1967),
pursuant
stating
to
that
Anders
there
are
v.
no
Amendment,
the
jury
whether
that
verdict,
was
whether
sufficient
Joness
evidence
sentence
to
is
We
affirm.
First, with regard to Joness Fourth Amendment claim, we
conclude that Jones has waived his right to challenge the search
because he failed to file a motion to suppress before trial.
See United States v. Moore, 769 F.3d 264, 267 (4th Cir. 2014)
(providing
standard),
cert.
denied,
135
S.
Ct.
1463
(2015);
United States v. Whorley, 550 F.3d 326, 337 (4th Cir. 2008)
(applying waiver, declining to address suppression issues raised
for first time on appeal, and citing cases adopting rule).
Jones also challenges the sufficiency of the evidence.
must
uphold
jurys
guilty
verdict
if
there
is
We
substantial
(4th Cir. 2012); see United States v. Cornell, 780 F.3d 616, 630
(4th
Cir.
2015)
(defining
substantial
evidence).
In
sole
province
judicial review.
of
the
jury
and
are
not
susceptible
to
See United States v. Reed, 780 F.3d 260, 271 (4th Cir.
reasonableness
abuse-of-discretion standard.
38,
41
committed
(2007).
no
We
must
significant
under
deferential
ensure
that
procedural
the
error,
district
such
as
court
Id. at 51.
.
If
Id.
showing
that
Louthian,
sentence
is
unreasonable
when
measured
Id.
properly
concluded
that
the
ACCA
applied
The district
to
listened
to
both
parties
arguments,
Jones
and
The court
considered
the
18
In addition, Jones
the
contrary
record
misconduct,
to
Joness
contains
and
we
no
suggestion
evidence
decline
to
of
in
the
Anders
prosecutorial
consider
Joness
accordance
with
Anders,
we
have
reviewed
the
entire
We
therefore
affirm
the
district
courts
judgment.
may
move
representation.
in
this
court
for
leave
to
withdraw
from
are
adequately
presented
in
the
materials
before
this court and argument would not aid the decisional process.
AFFIRMED