United States v. Carrigan ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 5, 2003
Charles R. Fulbruge III
Clerk
No. 02-51204
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BURNIS ALLEN CARRIGAN,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
(W-02-CR-107-1)
--------------------
Before DAVIS, WIENER, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Burnis Carrigan was convicted by a jury of
being a felon in possession of a firearm in violation of 18 U.S.C.
§ 922(g)(1). Carrigan argues on appeal that the evidence was
insufficient to support the verdict.
In an insufficiency claim, we review the evidence to determine
whether any rational trier of fact could have found that it
establishes guilt beyond a reasonable doubt. See United States v.
Burns, 162 F.3d 840, 847 (5th Cir. 1998). In evaluating the
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5TH CIR. R. 47.5.4.
sufficiency of the evidence, we view all evidence and all
reasonable inferences drawn from it in the light most favorable to
the government. See United States v. Gourley, 168 F.3d 165, 168-69
(5th Cir. 1999). As Carrigan properly preserved this issue by
moving for a judgment of acquittal at the close of the government’s
case and at the close of all evidence, our review is plenary. See
United States v. Izydore, 167 F.3d 213, 219 (5th Cir. 1999).
Our review of the record convinces us that the testimony
introduced at trial was sufficient for the jury to find Carrigan
guilty beyond a reasonable doubt. See Burns, 162 F.3d at 847.
Accordingly, the judgment of the trial court is
AFFIRMED.