United States v. Epps , 10 F. App'x 111 ( 2001 )


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  •                           UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    UNITED STATES OF AMERICA,              
    Plaintiff-Appellee,
    v.                              No. 00-4655
    DWIGHT DELINOR EPPS,
    Defendant-Appellant.
    
    Appeal from the United States District Court
    for the Western District of Virginia, at Roanoke.
    Samuel G. Wilson, Chief District Judge.
    (CR-00-11)
    Submitted: April 24, 2001
    Decided: May 14, 2001
    Before WILKINS, NIEMEYER, and MOTZ, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    COUNSEL
    J. Christopher Clemens, Sr., CLEMENS & CLEMENS, P.C., Salem,
    Virginia, for Appellant. Robert P. Crouch, Jr., United States Attorney,
    Anthony P. Giorno, Assistant United States Attorney, Roanoke, Vir-
    ginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit. See
    Local Rule 36(c).
    2                       UNITED STATES v. EPPS
    OPINION
    PER CURIAM:
    Dwight Delinor Epps appeals his conviction and sentence of
    seventy-seven months’ imprisonment for the strong arm robbery of
    John Crenshaw in violation of 
    18 U.S.C. § 2111
     (1994). Epps chal-
    lenges the sufficiency of the evidence underlying the conviction. We
    review the record in the light most favorable to the government to
    determine if there is substantial evidence to support the conviction.
    Glasser v. United States, 
    315 U.S. 60
    , 80 (1942). Circumstantial as
    well as direct evidence is considered, and the government is allowed
    the benefit of all reasonable inferences from the facts proven to those
    sought to be established. See United States v. Tresvant, 
    677 F.2d 1018
    , 1021 (4th Cir. 1982). We have reviewed the record and affirm
    the conviction and sentence.
    Epps and Crenshaw are patients of the Salem Veterans Administra-
    tion Medical Center. A volunteer observed Epps speak sternly to
    Crenshaw, lead him into the men’s restroom by placing a hand on the
    back of Crenshaw’s neck and a hand on his arm, and shove Crenshaw
    against a wall. The volunteer then observed Crenshaw withdrawing
    his billfold and giving Epps five dollars. Government witnesses testi-
    fied that Epps is a large, overbearing man, while Crenshaw is a timid,
    gentle man who often does not speak. Crenshaw testified he had given
    Epps $605 over the previous months. Crenshaw testified he did not
    want to give Epps money, but was afraid Epps would reach into Cren-
    shaw’s pocket and take it himself. Following Epps’ arrest, Epps’ law-
    yer tendered a check for $605 to Crenshaw and asked him to sign an
    affidavit stating the monies taken by Epps were loans and had been
    repaid in full.
    Epps argues the evidence is insufficient to establish a robbery by
    force or threat of force. He further contends the exchanged funds were
    loans that have now been repaid in full. Taking the evidence in the
    light most favorable to the Government, we find the evidence of
    intimidation and force to be sufficient to support Epps’ conviction.
    We therefore affirm. We dispense with oral argument because the
    UNITED STATES v. EPPS                       3
    facts and legal contentions are adequately presented in the materials
    before the court and argument would not aid the decisional process.
    AFFIRMED
    

Document Info

Docket Number: 00-4655

Citation Numbers: 10 F. App'x 111

Judges: Motz, Niemeyer, Per Curiam, Wilkins

Filed Date: 5/14/2001

Precedential Status: Non-Precedential

Modified Date: 8/6/2023