Académique Documents
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Culture Documents
No. 14-4573
Appeal from the United States District Court for the District of
South Carolina, at Columbia.
Joseph F. Anderson, Jr., Senior
District Judge. (3:13-cr-00134-JFA-2)
Submitted:
HARRIS,
Decided:
Circuit
Judges,
and
DAVIS,
Senior
PER CURIAM:
Izell Delorean Grissett, Jr., was charged in five counts of
a seven-count indictment with:
cocaine
and
quantity
of
all
counts;
imprisonment.
Counsel
he
was
crack
cocaine,
21
U.S.C.
sentenced
to
life
plus
ten
years
filed
brief
in
accordance
with
Anders
v.
issues
for
appeal
but
questioning
whether
the
Grissett has
743 F.3d 917, 921 (4th Cir.), cert. denied, 134 S. Ct. 2689
(2014).
In
assessing
the
sufficiency
of
the
evidence,
we
when
Government.
reasonable
viewed
Id.
in
the
light
Substantial
finder
of
fact
most
evidence
could
favorable
is
accept
evidence
as
to
the
that
adequate
and
any
essential
rational
elements
of
trier
the
of
fact
crime
could
beyond
have
The test is
found
reasonable
the
doubt.
not
weigh
the
evidence
or
review
An appellate court
the
credibility
of
States
v.
Wilson,
118
F.3d
228,
234
(4th
Cir.
1997)
Testimony
established
that
Grissett
was
part
of
the
Columbia,
Grissett
South
and
his
Carolina
area.
co-conspirator
According
planned
and
to
witnesses,
carried
out
shot
and
killed
Hector
Carrion.
Based
on
this
evidence, we find that the district court did not err in denying
Grissetts motion for judgment of acquittal.
Turning to Grissetts pro se claims, he first argues that
the district court erred in issuing a modified Allen charge that
eliminated any mention of the words minority or majority
with regard to the jurors votes.
An
States,
164
U.S.
492
(1896),
is
[a]n
instruction
that
they
should
listen,
with
F.3d
933,
935
(4th
Cir.
1995)
others
disposition
be
(quoting
United
States
v.
We review the
to
United
States
v.
Cropp,
127
F.3d
354,
359
(4th
Cir.
1997)
courts charge was not coercive nor can Grissett show that he
suffered any prejudice as a result.
challenges
the
sentencing.
[i]f
application
The
victim
advisory
was
of
Finally,
the
murder
Sentencing
killed
under
Grissett
cross-reference
Guidelines
provide
circumstances
that
at
that
would
guideline.
2D1.1(d)(1)
(2013).
U.S.
Sentencing
The
Government
Guidelines
must
prove
Manual
the
facts
We
not
increase
Grissetts
mandatory
minimum
2D1.1(d)(1)
sentence,
his
accordance
with
Anders,
we
have
reviewed
the
entire
This
further review.
before
this
Court
and
argument
would
not
aid
the
decisional process.
AFFIRMED