Professional Documents
Culture Documents
No. 12-4040
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Catherine C. Eagles,
District Judge. (1:11-cr-00162-CCE-1)
Submitted:
Decided:
PER CURIAM:
A
jury
convicted
Richard
Anthony
Kaminsky
of
two
Two),
and
one
count
of
possession
of
firearm
by
litigation
404(b).
We
discretion.
violated
review
the
Federal
admission
Rules
of
of
Evidence
evidence
for
403
and
abuse
of
2005).
Under Federal Rule of Evidence 404(b), [e]vidence of
a
crime,
persons
wrong,
or
character
other
in
act
order
is
to
not
show
admissible
that
his
Such
such
identity,
404(b)(2).
as
absence
evidence
proving
of
Further,
may
.
be
mistake,
or
[t]o
admissible
be
lack
of
prove
actions
on
a
a
Fed. R. Evid.
admissible
intent,
to
for
.
knowledge,
accident.
under
another
Rule
Rule
404(b),
F.3d
306,
omitted).
317
(4th
Cir.
2008)
(internal
quotation
marks
260,
271-72
(4th
Cir.
2001)
(internal
quotation
marks
omitted).
Evidence sought to be admitted under Rule 404(b) must
also satisfy Federal Rule of Evidence 403,
that
is
highly
probative
invariably
will
be
disproportionate
to
the
value
of
the
proffered
evidence.
have
reviewed
the
record
and
conclude
that
the
evidence
pursuant
to
Rules
403
and
404(b).
This
Therefore, this
claim fails.
Kaminsky
next
challenges
the
sufficiency
of
the
challenge
to
the
sufficiency
of
evidence
de
United States v. Roe, 606 F.3d 180, 186 (4th Cir. 2010).
obliged
to
sustain
guilty
verdict
that
is
We
novo.
We are
supported
by
reasonable
fact-finder
could
accept
as
adequate
to
United
States v. Burgos, 94 F.3d 849, 862 (4th Cir. 1996) (en banc).
A defendant bringing a sufficiency challenge bears a
heavy burden.
Cir. 2010).
review
the
of
witnesses,
and
we
assume
the
jury
2007).
mental
institution
922(g)(4).
from
possessing
firearm.
18
U.S.C.
Finally,
Kaminsky
asserts
that
his
conviction
for
that
this
argument
is
foreclosed
Although Kaminsky
by
our
holding
in
merit.
Accordingly, we affirm the district courts judgment.
We
dispense
with
oral
argument
because
the
facts
and
legal