Summary
finding that "the Government presented sufficient evidence for a reasonable jury to find malice aforethought" where the jury could conclude from the evidence that the defendant "fired three shots at" the victim and, "[w]ith respect to two of the shots," the defendant "placed the gun within a quarter inch of [the victim's] chest and abdomen and pulled the trigger"
Summary of this case from United States v. DixonOpinion
No. 06-4299.
Argued: March 14, 2007.
Decided: May 17, 2007.
Appeal from the United States District Court for the Western District of North Carolina, at Bryson City. Lacy H. Thornburg, District Judge. (2:04-cr-00111).
ARGUED: William Edmund Loose, Asheville, North Carolina, for Appellant. Amy Elizabeth Ray, Assistant United States Attorney, Office of the United States Attorney, Asheville, North Carolina, for Appellee. ON BRIEF: Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee.
Before NIEMEYER and WILLIAMS, Circuit Judges, and T.S. ELLIS, III, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.
Affirmed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.