Federal Circuits, 7th Cir. (August 02, 1993)
Docket number: 92-4132
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http://vlex.com/vid/america-plaintiff-robert-linwood-defendant-36057038
Id. vLex: VLEX-36057038
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Before CUMMINGS, COFFEY and RIPPLE, Circuit Judges.
ORDERRobert Linwood was convicted of being a felon in possession of a firearm, 18 U.S.C. Sec . 922(g), of possessing cocaine with intent to distribute, 21 U.S.C. Sec . 841(a)(1), and of using or carrying a firearm during drug trafficking, 18 U.S.C. Sec . 924(e). He was given concurrent sentences of thirty years for the first offense and twenty on the second, along with a consecutive five-year term for the third crime.Linwood first challenges the sufficiency of the evidence supporting each of his convictions. He contends that his testimony and that of Judith Ross, a friend, was more believable than the testimony of the arresting officer. When testifying, Linwood denied ever possessing the gun, crack cocaine, pager, or currency that the officer found on his person. Ross testified that she was with Linwood just prior to his arrest and that she never saw a gun or any cocaine. The arresting officer, in contrast, testified that he discovered all of these items in Linwood's possession. Essentially, then, Linwood is arguing that the jury should have believed his witnesses and not the police officer. We do not reweigh credibility determinations on appeal, e.g., Anderson v. Sullivan, 925 F.2d 220, 222 (7th Cir.1991), so this challenge to the sufficiency of the evidence fails.In addition, the record reveals ample evidence to support the convictions. As to the first offense, felon in possession of a firearm, there was prrof of each of the required elements. The parties agreed Linwood had a prior felony conviction, no one disputed that the gun travelled in interstate commerce, and the jury believed the officer's testimony that Linwood possessed the gun, which he found in the defendant's waistband. See United States v. Garrett, 903 F.2d 1105, 1110 (7th Cir.), cert. denied,Try vLex for FREE for 3 days
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